AD/CVD Roundup
June 24, 2013

RECENT COMMERCE DEPARTMENT FINDINGS

U.S. producers of prestressed concrete steel rail tie wire obtained affirmative preliminary trade finding involving imports from China, Mexico and Thailand. The ITC initiated antidumping investigations on welded stainless steel pressure pipe from Malaysia, Thailand and Vietnam. The ITC issued a final affirmative determination with regard to xanthan gum from China, but a negative determination with regard to xanthan gum from Austria. The ITC continued the existing orders on sodium hexametaphosphate from China and steel concrete reinforcing bar (“rebar”) from Belarus, China, Indonesia, Latvia, Moldova, Poland and Ukraine. Commerce preliminarily determined that imports of silica bricks from China are being dumped in the United States.

Steel Rail Tie Wire
On June 7, the U.S. International Trade Commission (“ITC”) preliminarily determined that there is a reasonable indication that the U.S. industry is injured by imports of prestressed concrete steel rail tie wire (“PC tie wire”) from China, Mexico and Thailand that are allegedly being dumped in the U.S. market. Kelley Drye & Warren filed the antidumping petition on behalf of two domestic producers, Davis Wire Corp. (Kent, WA) and Insteel Wire Products Co. (Mount Airy, NC). As a result of the ITC’s affirmative determination, the U.S. Department of Commerce (“Commerce”) will continue to conduct its investigations on import of these products, with its preliminary antidumping determination due by late September. Following that, the ITC and Commerce will move into the final phases of the investigations.

Xanthan Gum
On May 28, Commerce determined that imports of xanthan gum from Austria and China are being dumped in the United States at dumping margins ranging from 15 percent to 154 percent. On June 20, the ITC determined that the U.S. industry producing xanthan gum is injured by dumped imports China, but not by dumped imports from Austria. As a result of these final affirmative determinations, Commerce will issue antidumping duty orders on xanthan gum from Austria and China and will direct U.S. Customs and Border Protection to require cash deposits on imports of xanthan gum based on the final dumping margins.

Stainless Steel Pressure Pipe
On May 24, the ITC initiated antidumping investigations to determine whether the domestic industry producing welded stainless steel pressure pipe is injured by imports from Malaysia, Thailand and Vietnam. The ITC’s preliminary determination is due by July 1. On June 5, Commerce initiated antidumping investigations to determine if imports of welded stainless steel pressure pipe from Malaysia, Thailand and Vietnam are entering the U.S. market at dumped prices. Commerce’s preliminary determination is due by October 23.

Steel Concrete Reinforcing Bar
On June 13, the ITC determined that revocation of the existing antidumping duty orders on steel concrete reinforcing bar (“rebar”) from Belarus, China, Indonesia, Latvia, Moldova, Poland and Ukraine would likely lead to a continuation or recurrence of material injury to the domestic industry. This was the second sunset review of the orders and follows Commerce’s determination last November that revocation of the orders would likely lead to a continuation or recurrence of dumping at margins ranging from 17 to 233 percent. As a result of the affirmative determinations by Commerce and the ITC, these antidumping duty orders will remain in place for another five years.

Sodium Hexametaphosphate
On June 18, the ITC unanimously determined that revocation of the existing antidumping duty order on sodium hexametaphosphate from China would likely lead to a continuation or recurrence of material injury to the domestic industry. This first sunset review of the order was expedited because the ITC determined that the foreign respondent group’s response was inadequate. On June 11, Commerce determined that revocation of the order would likely lead to a continuation or recurrence of dumping at margins ranging from 92 to 188 percent. As a result of the affirmative determinations by Commerce and the ITC, this order will remain in place for another five years.

Silica Bricks
On June 13, Commerce preliminarily determined that imports of silica bricks and shapes from China are being dumped in the United States. In its determination, Commerce preliminarily calculated an 85 percent dumping margin for the mandatory respondent, and assigned a rate of 91 percent for all other Chinese producers/exporters. As a result of Commerce’s preliminary affirmative determination, U.S. Customs and Border Protection will begin requiring cash deposit rates on Chinese silica bricks based on these preliminary rates. Commerce is scheduled to release its final determination in November, and the ITC will make its final injury determination in December.


For more information about the contents of this newsletter, or about Kelley Drye's International Trade Practice, please contact practice group chair Kathleen Cannon or partner Paul Rosenthal, who acts as editor of this publication.