AD/CVD Update
June 16, 2014

 This article was authored by International Trade Specialist Michael J. Kelleher

NEW INVESTIGATIONS

Prestressed Concrete Steel Rail Tie Wire from China, Mexico, Thailand 

On June 3rd, the ITC announced that a U.S. industry is materially injured by reason of imports of prestressed concrete steel rail tie wire (“PC tie wire”) from China and Mexico.  All six of the Commissioners voted in the affirmative.  Kelley Drye & Warren (Kathleen Cannon, Paul Rosenthal, Alan Luberda, David Smith) represented Petitioners Insteel Wire Products Company and Davis Wire Corporation in the investigations.  As a result of the ITC’s affirmative determination, Commerce will issue antidumping orders on this product. 

Grain-Oriented Electrical Steel from China, The Czech Republic, Germany, Japan, Korea, Poland, and Russian Federation

As previously summarized, Commerce issued affirmative preliminary antidumping determinations on May 2nd in Grain-Oriented Electrical Steel (“GOES”) from China, the Czech Republic, Germany, Japan, Korea, Poland and the Russian Federation.  Kelley Drye & Warren (David Hartquist, John Herrmann, David Smith, and Grace Kim) are representing petitioners AK Steel Corporation, Allegheny Ludlum LLC, and the United Steelworkers.  As a result of its determination, Commerce will begin requiring AD cash deposits based on the following preliminary weighted average dumping margins: 159.21% for China; 10.35%-11.45% for the Czech Republic; 133.70%-241.91% for Germany; 93.36%-172.30% for Japan; 5.34% for Korea; 78.10%-99.51% for Poland; and 68.98%-119.88% for the Russia Federation.  On June 4th, the ITC announced the schedule for its final phase of the antidumping and countervailing duty investigations on this product, which includes a public hearing on July 24, 2014.

Non-Oriented Electrical Steel from China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan

On May 16th, Commerce announced its affirmative preliminary determinations in the antidumping duty investigations of non-oriented electrical steel (“NOES”) from China, Germany, Japan, Korea, Sweden, and Taiwan.  Commerce will be begin requiring antidumping cash deposits based on the following preliminary weighted average dumping margins: 407.52% for China; 86.29%-98.84% for Germany; 135.59%-204.79% for Japan; 6.91% for Korea; 98.46%-126.72% for Sweden; and 28.14%-52.23% for Taiwan.  Unless extended, Commerce is scheduled to announce its final antidumping determinations on NOES from China, Germany, Japan and Sweden at the end of July 2014.  Commerce is scheduled to issue its fully extended final determinations on NOES from Korea and Taiwan in October 2014.

Calcium Hypochlorite from China

On May 20th, Commerce announced its affirmative preliminary determination in the countervailing duty investigation of imports of calcium hypochlorite from China.  Commerce calculated a preliminary subsidy rate of 71.72% based on adverse facts available for mandatory respondents Hubei Dinglong Chemical Co., Ltd., W&W Marketing Corporation, and Tianjin Jinbin International Trade Co., Ltd.  All other producers/exporters in China were assigned a preliminary subsidy rate of 71.72%.  Commerce will instruct U.S. Customs and Border Protection (“Customs”) to require cash deposits based on these preliminary rates.  Unless extended, Commerce is scheduled to announce its final determination in this investigation at the end of September 2014.

1,1,1,2-Tetrafluoroethane from China

On May 22nd, Commerce announced its affirmative preliminary determination in the antidumping duty investigation of imports of 1,1,1,2-tetrafluoroethane from China.  Commerce preliminarily determined that 1,1,1,2-tetrafluoroethane from China has been sold in the United States at dumping margins ranging from 133.47% to 237.33%.  Commerce is scheduled to announce its final determination in October 2014.  If Commerce makes an affirmative final determination, and the ITC makes an affirmative final material injury determination, Commerce will issue an antidumping order.

Welded Stainless Pressure Pipe from Malaysia, Thailand, and the Socialist Republic of Vietnam

On May 23rd, Commerce announced its affirmative final determinations in the antidumping duty investigations of imports of welded stainless pressure pipe from Malaysia, Thailand, and the Socialist Republic of Vietnam.  Commerce determined that welded stainless pressure pipe from Malaysia, Thailand, and Vietnam has been sold in the United States at dumping margins ranging from 22.70% to 167.11%, 23.89% to 24.01%, and 16.25%, respectively.  The ITC is scheduled to make its final injury determinations in July 2014.

Steel Nails from India, Korea, Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey and the the Socialist Republic of Vietnam.

On May 29th, Mid Continent Steel & Wire Inc. filed petitions with the ITC and Commerce seeking the imposition of countervailing and antidumping duties to unfairly traded imports of certain steel nails from India, the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam.  The ITC is set to vote on the preliminary injury determination around July 11th.  Assuming the ITC issues an affirmative determination, Commerce should issue preliminary antidumping and countervailing duty determinations within about six months.

Passenger Vehicle and Light Truck Tires

On June 3rd, antidumping and countervailing petitions were filed with the ITC and Commerce on behalf of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, regarding imports of passenger vehicle and light truck ties from China.  The ITC is set to vote on the preliminary injury determination around July 17th.  Assuming the ITC issues an affirmative determination, Commerce should issue preliminary antidumping and countervailing duty determinations within about six months.

Certain Crystalline Silicon Photovoltaic Products from China

On June 3rd, Commerce announced its affirmative preliminary determination in the countervailing duty investigation of imports of certain crystalline silicon photovoltaic products from China.  As a result of the preliminary affirmative determination, Commerce will instruct Customs to require cash deposits based on these preliminary rates ranging from 18.56% to 35.21%.  Commerce is scheduled to announce its final determination in this investigation on or about August 18, 2014, unless the statutory deadline is extended.

SUNSET REVIEWS

 

Graphite Electrodes from China

On May 21st, the ITC determined that revoking the existing antidumping duty order on small diameter graphite electrodes from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  Chairman Irving Williamson and Commissioners Dean Pinkert, David Johanson, Meredith Broadbent, and F. Scott Kieff voted in the affirmative.  Commissioner Rhonda Schmidtlein did not participate in this review.  As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place for an additional five years.  Kelley Drye and Warren (Skip Hartquist, Alan Luberda and Grace Kim) represented petitioners GrafTech USA LLC, SGL Carbon LLC, and Superior Graphite Company.

Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad & Tobago and Ukraine

On June 3rd, the ITC issued affirmative determinations involving the second sunset review of carbon and certain alloy steel wire rod (“CASWR”).  More specifically, the Commission determined that revoking the existing countervailing duty order on CASWR from Brazil and the existing antidumping duty orders on this product from Brazil, Indonesia, Mexico, Moldova, and Trinidad & Tobago would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from Brazil, Indonesia, Mexico, Moldova, and Trinidad & Tobago will remain in place for an additional five years.  The Commission also issued a negative determination with respect to the existing antidumping duty order on this product from Ukraine.  As a result of the Commission’s negative determination, the existing order on imports of this product from Ukraine will be revoked.  Kelley Drye and Warren (Paul Rosenthal, Kathleen Cannon, Alan Luberda, and Paul Rosenthal) represented petitioners ArcelorMittal USA LLC, Charter Steel, Evraz Pueblo, Gerdau Ameristeel US Inc., and Keystone Consolidated Industries, Inc.

Light-Walled Rectangular Pipe and Tube from China, Korea, Mexico and Turkey

On May 23rd, the ITC determined that revoking the existing countervailing duty order on light-walled rectangular pipe and tube from China and the antidumping duty orders on imports of this product from China, Korea, Mexico, and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China, Korea, Mexico, and Turkey will remain in place.

Silicon Metal from Russia

On May 28th, the ITC also determined that revoking the existing antidumping duty order on silicon metal from Russia would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  As a result of the Commission’s affirmative determination, the existing order on imports of this product from Russia will remain in place.