AD/CVD Update
September 24, 2013

New Investigations

This article was authored by International Trade Specialist Michael Kelleher

Grain-Oriented Electrical Steel

On September 18, Kelley Drye & Warren representing AK Steel Corporation, Allegheny Ludlum LLC, and the United Steelworkers, filed petitions with the ITC and Commerce seeking the imposition of antidumping and countervailing duties on imports of grain-oriented electrical steel from China, the Czech Republic, the Federal Republic of Germany, Japan, the Republic of Korea, Poland, and the Russian Federation.  The ITC is scheduled to issue its preliminary injury determination in late October and Commerce should issue preliminary antidumping and countervailing duty determinations within about six months. 

Ferrosilicon 

On August 9, the U.S. Department of Commerce (“Commerce”) initiated antidumping duty (“AD”)  investigations of imports of ferrisilicon from the Russian Federation (“Russia”) and Venezuela.   The petitions were filed by Globe Specialty Metals, Inc., CC Metals and Alloys, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.  On August 16, the United States International Trade Commission (“ITC”) determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of ferrosilicon from Russia and Venezuela that are allegedly sold in the United States at less than fair value.  As a result of the ITC's affirmative determinations, Commerce will continue to conduct its investigations on imports of these products, with its preliminary AD determinations due on December 26. 

Threaded Rod 

On August 9, the ITC determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of certain steel threaded rod from India and Thailand that are allegedly sold in the United States at less than fair value and alleged to be subsidized by the Government of India.  As a result of the Commission’s affirmative determinations, Commerce will continue to conduct its investigations on imports of these products.  Commerce’s preliminary countervailing duty (“CVD”) determination is due on September 20, and its preliminary AD determinations are due on December 4. 

Frozen Warmwater Shrimp 

On August 13, Commerce announced its affirmative final determinations in the CVD investigations of imports of certain frozen warmwater shrimp from the People’s Republic of China (“China”), Ecuador, India, Malaysia, and the Socialist Republic of Vietnam (“Vietnam”), and negative final determinations in the CVD investigations of imports of certain frozen warmwater shrimp from Indonesia and Thailand.  However, on September 20, the ITC determined  that a U.S. industry was neither materially injured nor threatened with material injury by reason of imports of frozen warmwater shrimp from China, Ecuador, India, Malaysia, and Vietnam, that Commerce had determined were subsidized.  As a result of the ITC’s negative determinations, Commerce will not issue countervailing duty orders on imports of these products from China, Ecuador, India, Malaysia, and Vietnam. 

Oil Country Tubular Goods 

On August 16, the ITC determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of certain oil country tubular goods from India, Korea, the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and Vietnam that are allegedly sold in the United States at less than fair value and allegedly subsidized by the governments of India and Turkey.  As a result of the ITC’s affirmative determinations, Commerce will continue to conduct its investigations on imports of these products.  Commerce’s preliminary CVD determinations are due on September 25, and its preliminary AD determinations are due by December 9. 

Chlorinated Isocyanurates 

On August 29, Clearon Corp. and Occidental Chemical Corporation filed petitions with the ITC and Commerce seeking the imposition of antidumping duties on imports of chlorinated isocyanurates (“isos”) from Japan and CVDs on imports of chlorinated isos from China.  Chlorinated isos from China have been subject to antidumping duties since 2005.  The ITC is scheduled to issue its preliminary injury determination on October 15. 

Steel Reinforcing Bar (“Rebar”)  

On September 4, a group of domestic producers including Nucor, Gerdau Ameristeel U.S., Commercial Metals Company, Cascade Steel Rolling Mills and Byer Steel filed petitions with the ITC and Commerce seeking the imposition of antidumping duties on imports of rebar from Turkey and Mexico and CVDs on imports of rebar from Turkey.  One of the subsidy allegations in the Turkey CVD petition is that the Turkish steel producers’ affiliated power companies receive subsidies due to the Turkish government’s control of the natural gas market through a state-owned entity.  The ITC is scheduled to issue its preliminary injury determination in October and Commerce should issue preliminary antidumping and countervailing duty determinations within about six months.   

Monosodium Glutamate  

On September 16, Ajinomoto North America Inc. filed petitions with the ITC and Commerce seeking the imposition of antidumping and countervailing duties on imports of Monosodium Glutamate (“MSG”) from China and the Republic of Indonesia.  The ITC is scheduled to issue its preliminary injury determination in October and Commerce should issue preliminary antidumping and countervailing duty determinations within about six months.

Sunset Reviews

Pasta

On August 19, the ITC voted that revoking the existing AD and CVD orders on certain pasta from Italy and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  Kelley Drye & Warren represented U.S. pasta producers A. Zerega’s Sons, Inc., American Italian Pasta Company, Dakota Growers Pasta Company, Inc., New World Pasta Company and Philadelphia Macaroni Company.  As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from Italy and Turkey will remain in place for five additional years.

Light-Walled Rectangular Pipe and Tube

On July 30, Commerce determined that revocation of the existing CVD order on light-walled rectangular pipe and tube from China would be likely to lead to a continuation or recurrence of net countervailable subsidies ranging from 2.20 to 200.58 percent.  On July 30, Commerce also determined that revocation of the existing AD orders on light-walled rectangular pipe and tube from Mexico, Turkey, China and Korea would likely lead to continuation or recurrence of dumping.  The range of AD margins included 27.04 to 41.71 percent for Turkey; 2.40 to 11.50 percent for Mexico; 247.90 to 255.07 percent for China; and 15.79 to 30.66 percent for Korea.  Based on a July 5 vote, the ITC is currently conducting a full sunset review of the CVD order on light-walled rectangular pipe and tube from China and the AD orders on light-walled rectangular pipe and tube from China, Korea, Mexico, and Turkey.

 Polyethylene Terephthalate Film, Sheet, and Strip

On August 5, Commerce determined that revocation of the existing CVD order on polyethylene terephthalate film, sheet, and strip (“PET film”) from India would be likely to lead to a continuation or recurrence of net countervailable subsidies at margins ranging from 22.69 to 33.42 percent.  Based on a July 5 vote, the ITC is currently conducting a full sunset review concerning the CVD order on PET film from India and the AD orders on PET film from India and Taiwan.

Silicomanganese

On August 23, the ITC voted that revoking the existing AD orders on silicomanganese from India, Kazakhstan, and Venezuela would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  As a result of the ITC’s sunset determinations, the existing orders on imports of this product from India, Kazakhstan, and Venezuela will remain in place for an additional five years.