AD/CVD Update
November 4, 2014

NEW AD\CVD INVESTIGATIONS

Boltless Steel Shelving Units Prepackaged For Sale From China

On October 10th, the U.S. International Trade Commission (USITC) determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of Chinese boltless steel shelving units that are allegedly subsidized and sold in the United States at less than fair value.  All six Commissioners voted in the affirmative.  As a result of the Commission’s affirmative determination, Commerce will continue with its investigations on imports of these products from China, with its preliminary countervailing duty determinations due by November 19, 2014, and its antidumping duty determination due by February 2, 2015.  These deadlines may be extended by the Department.  Kelley Drye & Warren is representing Edsal Manufacturing Co. in these investigations.

Grain-Oriented Electrical Steel From China, the Czech Republic, Korea and Russia

On September 23rd and 25th, Commerce announced its affirmative final determinations in the antidumping duty investigation of imports of grain-oriented electrical steel (GOES) from China, the Czech Republic, Korea, and Russia and the countervailing duty investigation of imports of GOES from China.   Commerce determined that imports of GOES from China have been sold in the United States at a dumping margin of 159.21 percent and that such imports have received countervailable subsidies at a rate of 127.69 percent.  Commerce also determined that imports of GOES from Korea have been sold at less than fair value at a dumping margin of 3.68 percent and from Russia at dumping margins ranging from 68.98 percent to 119.88 percent.  With respect to imports of GOES from the Czech Republic, Commerce calculated higher dumping margins of 13.76 percent and 35.93 percent, compared to the preliminary dumping margins of 10.35 to 11.45 percent established last May.  Commerce also made an affirmative final determination of critical circumstances with respect to imports from the Czech Republic. On October 23rd, the USITC determined that the domestic industry was neither threatened or materially injured from subject imports from China, the Czech Republic, Korea and Russia.

Non-Oriented Electrical Steel From China, Germany, Japan, Korea, Sweden and Taiwan

On October 14th, Commerce published its final determinations in the antidumping duty investigations of imports of non-oriented electrical steel (NOES) from China, Germany, Japan, Korea, Sweden and Taiwan, as well as the countervailing duty investigations of imports of NOES from China, Korea and Taiwan.  Commerce determined that imports of NOES were being dumped at the following margins:  China (407.52 percent), Germany (86.29 and 98.84 percent), Japan (135.59 and 204.79 percent), Korea (6.88 percent), Sweden (98.46 percent), and Taiwan (27.54 and 52.23 percent).  Commerce also calculated subsidy margins of 158.88 percent for China and 0.48 percent (de minimis) to 17.12 percent for Taiwan.  Commerce, however, determined that the Korean NOES industry did not receive any countervailable subsidies and, therefore, issued a negative determination.  The USITC is scheduled to make its injury determination on November 6th.   

Welded API Line Pipe From Korea and Turkey

On October 16th, a new petition was filed alleging that certain welded line pipe from Korea and Turkey is being sold at less than fair value.  The alleged dumping margins ranged from 58.83 percent to 221.54 percent for Korea and 16 percent for Turkey.  The petition also alleges countervailable subsidies for both countries.  The U.S. Department of Commerce and the USITC are currently evaluating the petition to determine whether to initiate the AD/CVD and injury investigations.

1, 1, 1, 2 – Tetrafluoroethane From China

On October 15th, Commerce  announced its affirmative final determinations in the antidumping duty and countervailing duty investigations of imports of 1,1,1,2-tetrafluoroethane from China.

Commerce determined that imports of 1,1,1,2-tetrafluoroethane from China have been sold in the United States at the dumping margin of 280.67 percent and have received countervailable subsidies ranging from 1.87 percent to 22.75 percent.  The USITC is scheduled to make its injury determination on November 12, 2014.

Steel Concrete Reinforcing Bars From Mexico and Turkey

On October 14th, the USITC unanimously determined that the U.S. industry is materially injured by reason of imports of steel concrete reinforcing bar from Mexico that are sold in the United States at less than fair value and from Turkey that are subsidized by the government of Turkey.  As a result of the USITC's affirmative determinations, Commerce will issue an antidumping duty order on imports of this product from Mexico and a countervailing duty order on imports from Turkey. 

Chlorinated Isocyanurates From China and Japan

On October 9th, the USITC determined that a U.S. industry is threatened with material injury by reason of imports of chlorinated isocyanurates that Commerce has determined are subsidized by the government of China. The USITC, however, determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of this product from Japan despite  Commerce’s affirmative final determination that the products are being sold in the United States at less than fair value.  As a result, Commerce will issue a countervailing duty order on imports of chlorinated isocyanurates from China, but no antidumping duty order will be issued on imports of this product from Japan.

53-Foot Domestic Dry Containers From China

On September 23rd, Commerce announced its affirmative preliminary determination in the countervailing duty investigation of imports of 53-foot domestic dry containers from China.  Commerce preliminary calculated subsidy margins ranging from 7.13 to 10.46 percent.  As a result of the preliminary affirmative determinations, Commerce will instruct CBP to require cash deposits based on these preliminary rates.  Commerce is scheduled to announce its final determinations on or about February 2, 2015 and the USITC is scheduled to make its final determination in mid-March 2015. 

Monosodium Glutamate From China and Indonesia

On September 23rd, Commerce announced its affirmative final determination in the antidumping duty investigations of imports of monosodium glutamate (MSG) from China and Indonesia.   Commerce calculated dumping margins ranging from 8.30 to 8.32 percent for China and a dumping margin of  6.19 percent for Indonesia.  Commerce also made an affirmative final determination of critical circumstances with respect to MSG imports from China.  The USITC is scheduled to make its final injury determinations on October 23, 2014.  

SUNSET REVIEWS

Certain Frozen Fish Fillets From Vietnam

On October 22, 2014, the USITC unanimously determined that revoking the antidumping duty order would be likely to lead the continuation or recurrence of material injury within a reasonably foreseeable time.  On September 29th, Commerce issued its final expedited sunset results and determined that dumping was likely to continue or recur at margins up to 63.88 percent if the order were revoked.  As a result of the agency findings, the order will remain in place for an additional five years.

Refined Brown Aluminum Oxide From China

On September 18th, the USITC unanimously determined that revoking the existing antidumping duty order on refined brown aluminum oxide from china 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 order will remain in place for an additional five years.

Certain Tow-Behind Lawn Groomers and Parts Thereof From China

On October 6th, all six commissioners voted to expedite its first five-year ("sunset") review concerning the antidumping duty order on certain tow-behind lawn groomers and parts thereof from China.  As a result of this vote, the Commission will conduct an expedited review to determine whether revocation of this order would be likely to lead to the continuation or recurrence of material injury within a reasonably foreseeable time.