A brief summary of recent antidumping and countervailing trade enforcement actions undertaken by the U.S. Department of Commerce and the U.S. International Trade Commission.
Utility Scale Wind Towers: On November 10, 2020, Commerce announced the initiation of antidumping and countervailing duty investigations on Utility Scale Wind Towers from India, Malaysia, and Spain (AD only). The alleged dumping margins are: India - 54.03%; Malaysia: 93.83%; and Spain 73%. The U.S. International Trade Commission is currently scheduled to make its preliminary determinations on or before December 4, 2020. Last summer, the Commerce determined that such wind towers exported from Canada, Indonesia, South Korea, and Vietnam were being dumped into the U.S. at margins ranging from 4.94% (Canada) to 65.96% (Vietnam).
Aluminum Foil: On Nov. 12, the USITC determined that there is a reasonable indication that domestic producers are being materially injured by reason of imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey that are allegedly sold in the U.S. at less than fair value and subsidized by the governments of Oman and Turkey. As a result of these affirmative determinations, Commerce will continue its investigations of imports of the subject goods aluminum foil with its preliminary CVD determinations due on or about Dec. 23, and its preliminary AD determination due on or about March 8, 2021.
Forged Steel Fittings: In preliminary results of an administrative review of a CV duty order regarding forged steel fittings from China for the period March 14 through Dec. 31, 2018, Commerce has determined that countervailable subsidies 25.9% are being provided to Both-Well (Taizhou) Steel Fittings, Co., Ltd., the sole producer/exporter of forged steel fittings from China subject to this review. Accordingly, CBP will shortly be instructed to collect cash deposits of estimated CVD in the amount indicated for Both-Well with regard to shipments of the subject goods on or after the date of publication of the final results of this review.
Pre-stressed Concrete Steel Wire Strand (PC Strand): On Nov. 13, Commerce issued preliminary affirmative dumping determinations on certain PC strand originating in or imported from Indonesia, Italy, Malaysia, South Africa, Spain, Tunisia, and Ukraine, with new AD cash deposit requirement at rates of 2.96%-72.28% for Indonesia, 3.67%-19.26% for Italy, 3.7%-18.93% for Malaysia, 59.27% for South Africa, 14.75% for Spain, 32.72% for Tunisia, and 19.32% for Ukraine.
Alloy Aluminum Sheet: On Nov. 18, Commerce announced scheduling of the final phase of AD and/or CV injury investigations regarding common alloy aluminum sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey. A hearing is now scheduled for March 2, 2021, pre-hearing briefs are due by Feb. 19 with final comments due by March 26.
Forged Steel Fittings: On November 10, the USITC determined that domestic producers are being materially injured by the dumping of forged steel fittings from India and Korea. Commerce had previously announced affirmative final determinations in the AD/CVD investigations, finding that producers and/or exporters from those countries have sold the subject goods at below fair value in the U.S. at rates ranging from 17.08% to 198.38% for Korea, and up to 293.40% for India. Additionally, Commerce determined that producers and/or exporters from India received countervailable subsidies at rates ranging from 2.64% to 300.77%. As a result, Commerce will be issuing AD orders in the case of imports from India and Korea in addition to a CVD order on imports of these products from India.
Diamond Sawblades: On Nov. 20, Commerce issued a preliminary determination that Canadian manufacturer Protech Diamond Tools Inc. is capable of identifying and effectively segregating the diamond sawblades it produces which use non-Chinese cores and Chinese segments. Owing to this changed circumstance, the sawblades in question are, therefore, not subject to the AD duty order on diamond sawblades from China. Commerce also directed that the subject goods when exported to the U.S. by an affiliated company are also covered by this order.
Thermal Paper: On Nov. 20, the USITC determined that there is a reasonable indication that domestic producers are materially injured by reason of allegedly dumped imports of thermal paper from Germany, Japan, Korea, and Spain. As a result of these affirmative determinations, Commerce will continue its investigations regarding the subject goods with its preliminary antidumping duty determinations due on or about March 16, 2021. The margin of dumping alleged is as follows: 7.66% for Germany; 104.66% to 113.91% for Japan; 48.42% to 49.98% for South Korea; and, 30.76% to 39.41% for Spain.
Corrosion-Resistant Steel Products: Following an administrative review of an AD duty order on corrosion-resistant steel products from Taiwan for the period July 1, 2018, through June 30, 2019, on Nov. 23, Commerce has preliminarily determined dumping margins up to 1.51%. Additionally, as a result of an administrative review of CV duty order on CORE steel products from Korea for the period Jan. 1 through Dec. 31, 2018, Commerce has preliminarily determined net subsidy rates from 0.51% to 6.87%. Importers are required to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period.
Polyester Textured Yarn: Commerce has initiated an investigation concerning imports of certain polyester textured yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam. Petitioners Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America allege dumping margins for the subject goods estimated to be as follows: Indonesia—26.07%; Malaysia—75.13%; Thailand—56.80%; and Vietnam—54.13%. Commerce has set aside a period for interested parties to raise issues regarding product coverage. Comments in this regard must be made by Dec. 7.
Mattresses: The USITC has announced the scheduling of the final phase of AD injury investigations of certain mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam and the CV injury investigation of mattresses from China, with a hearing scheduled for March 21, 2021, and final comments due by April 16. The alleged dumping margins involved are as follows: 326.497% – 675.83% for Cambodia; 213.44% – 429.74% for Indonesia; 42.92% for Malaysia; 57.37% – 183.16% for Serbia; 414.77% – 763.28% for Thailand; 267.55% – 609.51% for Turkey; and, 481.72% – 989.90% for Vietnam.
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