New Antidumping\Countervailing Cases

Polyethylene Terephthalate Resin from Canada, China, India, and Oman  

On March 30, 2015, the Department of Commerce (“Commerce”) initiated antidumping duty (“AD”) and countervailing duty (“CVD”) investigations of imports of certain polyethylene terephthalate (“PET”) resin from China, Canada, India and Oman.  Kelley Drye and Warren (Paul Rosenthal, Kathleen Cannon, David Smith, Grace Kim, Brooke Ringel) are representing Petitioners DAK Americas LLC, M&G Chemicals and Nan Ya Plastics Corporation, America.  Petitioners allege dumping margins of 193.48 to 206.42 percent (China), 96.30 to 102.99 percent (Canada), 19.41 percent (India) and 116.91 to 120.05 percent (Oman).  The U.S. International Trade Commission (“ITC” or “Commission”) is scheduled to make its preliminary injury determinations on or before April 24, 2015.  If the ITC determines that there is a reasonable indication that imports of PET resin from the subject countries materially injure, or threaten material injury to, the domestic industry, the investigations will continue; and Commerce will make its preliminary CVD determinations in June 2015, and its preliminary AD determinations in August 2015, unless the statutory deadlines are extended.

Boltless Steel Shelving Units Prepackaged for Sale from China

On March 25, 2015, Commerce announced its affirmative preliminary determination in the antidumping duty investigation of imports of boltless steel shelving units prepackaged for sale (“boltless steel shelving”) from China.  Kelley Drye & Warren (Kathleen Cannon, Paul Rosenthal, Alan Luberda and Grace Kim) are representing Petitioner Edsal Manufacturing Co., Inc. in the investigations.  As mentioned in the February 2015 Trade Advisor, Commerce issued an affirmative preliminary determination in the CVD investigation of imports of this product from China.  In the AD investigations, Commerce preliminarily determined that imports of boltless steel shelving from China have been sold in the United States at dumping margins ranging from 22.64 percent to 112.68 percent.  As a result of the preliminary affirmative determinations, Commerce will instruct U.S. Customs and Border Protection (“CBP”) to require cash deposits based on these preliminary rates.  Commerce is scheduled to announce its final determinations on or about June 9, 2015; unless the statutory deadline is extended.

Sugar from Mexico 

As discussed in the March 2015 edition of The Trade Advisor, the ITC unanimously determined on March 19th that the injurious effect of imports of sugar from Mexico on the domestic industry as a whole is eliminated by suspension agreements agreed to by Commerce, the government of Mexico and Mexican exporters of sugar.  As a result of the Commission’s affirmative determinations, Commerce instructed CBP to terminate the suspension of liquidation for all entries of sugar from Mexico regardless of the producer or exporter, effective March 27, 2015.  See Message No. 5086304 dated Mar. 27, 2015,available at http://adcvd.cbp.dhs.gov/adcvdweb/.  Further, for any entries of sugar from Mexico that were entered, or withdrawn from warehouse, for consumption for the period November 3, 2014 (publication of Commerce’s preliminary determination in the FederalRegister) through March 27, 2015, and on which Customs collected deposits, “CBP shall terminate suspension of liquidation and liquidate the entries without regard to antidumping duties (i.e., refund all cash deposits).”  Id. at 2. Read more about this in the April 2015 The Trade Advisor article "Sweet or Sour? U.S.-Mexico Sugar Suspension Agreement Found to Eliminate Injury to U.S. Industry From Mexican Sugar Imports."

53-Foot Domestic Dry Containers from China

On April 13th, Commerce announced its affirmative final determinations in the AD and CVD investigations of imports of 53-foot domestic dry containers (“domestic dry containers”) from China.  Commerce determined that imports of domestic dry containers from China have been sold in the United States at dumping margins ranging from 107.19 percent to 111.22 percent; and received countervailable subsidies ranging from 17.13 percent to 28.00 percent.  The ITC is scheduled to make its final injury determination on May 26, 2015.  If the ITC makes an affirmative final determination that imports of this product from China materially injure, threaten material injury to, or materially retard the establishment of, the domestic industry, Commerce will issue AD and CVD orders.

Supercalendered Paper from Canada

On April 10th, the ITC determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of supercalendered paper from Canada that are allegedly subsidized by the government of Canada.  Chairman Broadbent, Vice Chairman Pinkert, and Commissioners Williamson, Johanson, and Schmidtlein voted in the affirmative.  Commissioner Kieff did not participate in this investigation.  As a result of the Commission’s affirmative determination, Commerce will continue to conduct its investigation on imports of this product from Canada, with its preliminary countervailing duty determination due on or about May 22, 2015.

Silicomanganese from Australia

On April 3rd, the ITC unanimously determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of silicomanganese from Australia that are allegedly sold in the United States at less than fair value.  As a result of the Commission’s affirmative determination, Commerce will continue to conduct its investigation on imports of this product from Australia, with its preliminary antidumping duty determination due on or about July 29, 2015.

Sunset Reviews

Prestressed Concrete Steel Wire Strand (“PC Strand”) from Brazil, India, Japan Korea, Mexico, Thailand

On March 31st, the ITC unanimously determined that revoking the existing antidumping and countervailing duty orders on prestressed concrete steel wire strand from Brazil (AD), India (AD and CVD), Japan (AD), Korea (AD), Mexico (AD), and Thailand (AD) would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  Kelley Drye & Warren (Paul Rosenthal, Kathleen Cannon and Grace Kim) are representing Petitioners Insteel Wire Products, and Sumiden Wire Product in the sunset reviews.  As a result of the agency findings, the orders will remain in place for an additional five years.

Commodity Matchbooks from India

On March 23rd, the ITC determined that revoking the existing AD and CVD orders on commodity matchbooks from India 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 India will remain in place for an additional five years.

Michael J. Kelleher