NEW ANTIDUMPING CASES

Carbon and Certain Alloy Steel Wire Rod from China

On December 15, 2014, the ITC unanimously determined that a U.S. industry is materially injured by reason of imports of carbon and certain alloy steel wire rod from China that the U.S. Department of Commerce has determined are subsidized and sold in the United States at less than fair value.  Commerce previously determined that imports of this product have been sold in the United States at dumping margins ranging from 106.19 percent to 110.25 percent with an All Others rate of 110.25 percent.  Commerce also determined that producers/exporters of carbon and certain alloy steel wire rod from China have received countervailable subsidies ranging from 178.46 percent to 193.31 percent, with an All Others subsidy rate of 185.89 percent.  For the final determinations, Commerce determined that critical circumstances exist with respect to imports of the subject merchandise from all exporters except Hunan Valin, Shagang, and Rizhao in the AD investigation, and from all exporters in the CVD investigation.  Kelley Drye and Warren (Kathleen Cannon, R. Alan Luberda, Paul Rosenthal and Benjamin Caryl) represented ArcelorMittal USA LLC, Charter Steel, Evraz Pueblo, Gerdau Ameristeel US Inc., and Keystone Consolidated Industries Inc. 

Monosodium Glutamate From China and Indonesia 

On October 23, 2014, the ITC determined that a U.S. industry is materially injured by reason of imports of monosodium glutamate from China and Indonesia that Commerce had previously determined were sold in the United States at less than fair value.  Chairman Meredith Broadbent, Vice Chairman Dean Pinkert, and Commissioners Irving Williamson, David Johanson, and Rhonda Schmidtlein voted in the affirmative.  Commissioner F. Scott Kieff did not participate in these investigations.  As a result of the ITC’s affirmative determinations, the U.S. Department of Commerce will issue antidumping duty orders on imports of these products from China and Indonesia. 

Sugar from Mexico

On October 27, 2014, Commerce announced that it initialed draft agreements that, if finalized, would suspend the antidumping and countervailing duty investigations on imports of sugar from Mexico.  If final AD and CVD suspension agreements are signed, Commerce would suspend the ongoing AD and CVD investigations of sugar from Mexico without issuing final determinations and instruct U.S. Customs and Border Protection (“CBP”) to refund any cash deposits previously made.  Final AD and CVD agreements may be signed no earlier than November 26, 2014.  In the meantime, the investigations by Commerce and the ITC will continue on their normal course until draft agreements are finalized.  If the agreements are not finalized before the deadline for Commerce’s final AD and CVD determinations, Commerce will issue its final determinations and the ITC will issue its final injury determination.

Certain Steel Nails from Vietnam, Korea, Malaysia, Oman and Taiwan

On October 28, 2014, Commerce announced its affirmative preliminary determination in the CVD investigation of imports of certain steel nails from the Socialist Republic of Vietnam and its negative preliminary determinations in the CVD investigations of imports of certain steel nails from the Republic of Korea, Malaysia, the Sultanate of Oman, and Taiwan.  In the Vietnam investigation, Commerce preliminarily determined subsidy margins ranging from 0.17 percent (de minimis) to 8.35 percent; with an All Other subsidy rate of 8.35 percent.  Commerce has aligned the CVD investigations with the concurrent antidumping duty investigations, and is scheduled to announce its final determinations on or about March 3, 2015, unless the statutory  deadline is extended.  The ITC is scheduled to make its final injury determinations in April 2015.

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

On November 6, 2014, the ITC determined that a U.S. industry is materially injured by reason of imports of non-oriented electrical steel (“NOES”) from China, Germany, Japan, Korea, Sweden, and Taiwan that Commerce had determined were sold in the United States at less than fair value and subsidized by the governments of China and Taiwan.  The Commission made negative critical circumstances findings with respect to NOES from China, Germany, Japan, and Sweden.  Vice Chairman Dean Pinkert and Commissioners Irving Williamson, David Johanson, and Rhonda Schmidtlein voted in the affirmative.  Chairman Meredith Broadbent voted in the negative.  Commissioner F. Scott Kieff did not participate in these investigations.  As a result of the ITC’s affirmative determinations, Commerce will issue countervailing duty orders on imports of this product from China and Taiwan and antidumping duty orders on imports of this product from China, Germany, Japan, Korea, Sweden, and Taiwan.

1,1,1,2-Tetrafluorethane from China

On November 12, 2014, the ITC determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of 1,1,1,2-Tetrafluorethane ("R-134a") from China that Commerce previously determined were subsidized and sold in the United States at less than fair value.  Chairman Meredith Broadbent, Vice Chairman Dean Pinkert, and Commissioners David Johanson and F. Scott Kieff voted in the negative.  Commissioners Irving Williamson and Rhonda Schmidtlein voted in the affirmative.  As a result of the USITC's negative final determinations, no antidumping or countervailing duty orders will be issued on imports of this product from China.

Melamine from China and Trinidad & Tobago

On November 12, 2014, a new petition was filed on behalf of Cornerstone Chemical Company alleging that imports of melamine from China and Trinidad & Tobago are being sold at less than fair value. The alleged dumping margins range from 255.44 percent to 336.31 percent for China and 166.9 percent to 189.1 percent for Trinidad & Tobago.  The petition also alleges countervailable subsidies for both countries.  On December 3, 2014, Commerce announced the initiation of the antidumping duty and countervailing duty investigations of melamine from China and Trinidad & and Tobago.   The ITC is scheduled to make its preliminary injury determinations on or before December 29, 2014.

53-Foot Domestic Dry Containers from China

On November 20, 2014, Commerce announced its affirmative preliminary determination in the antidumping duty investigation of imports of 53-foot domestic dry containers from China.  Commerce preliminarily determined that domestic dry containers from China have been sold in the United States at dumping margins ranging from 24.27 percent to 153.24 percent; with a 24.27 percent All Others rate.  Commerce also preliminarily determined that critical circumstances did not exist with respect to imports of domestic dry containers from China.  Commerce previously announced its affirmative preliminary determination in the countervailing duty investigation of imports of this product, with preliminary subsidy rates ranging from 7.13 percent to 10.46 percent.  Commerce is scheduled to announce its final determination in the antidumping investigation on or about April 6, 2015, as the statutory deadline for this final determination has been fully postponed.  If Commerce makes an affirmative final determination, and the ITC makes an affirmative final determination that imports of domestic dry containers from China materially injure, or threaten material injury to, the domestic industry, Commerce will issue an AD order.  If either Commerce’s or the ITC’s final determination is negative, no AD order will be issued.  The ITC is scheduled to make its final injury determinations in May 2015.

Certain Passenger Vehicle and Light Truck Tires from China

On November 24, 2014, Commerce announced its affirmative preliminary determination in the countervailing duty investigation of imports of certain passenger vehicle and light truck tires from China.  Commerce calculated preliminary subsidy rates ranging from 12.50 percent to 81.29 percent and assigned 15.69 percent to all other producers/exporters in China.  Based on allegations filed in this case, Commerce also found that critical circumstances exist for Shandong Yongsheng Rubber Group Co., Ltd. and all other producers/exporters in China.  Where critical circumstances were found, Customs will be instructed to impose provisional measures retroactively on entries of certain passenger vehicle and light truck tires up to 90 days prior to publication of the preliminary determination Federal Register notice.  Commerce is scheduled to announce its final determination in this investigation on or about April 6, 2015, unless the statutory deadline is extended.  If Commerce makes an affirmative final determination, and the ITC makes an affirmative final determination, Commerce will issue a CVD order.  If either Commerce or the ITC final determinations are negative, no CVD order will be issued.  The ITC is scheduled to make its final injury determination approximately 45 days after Commerce issues its final determination, if affirmative. 

Certain Welded Line Pipe from Korea and Turkey

On November 26, 2014, the ITC unanimously determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of certain welded line pipe from Korea and Turkey that are allegedly subsidized and sold in the United States at less than fair value.  As a result of the Commission's affirmative determinations, Commerce will continue to conduct its investigations on imports of this product from Korea and Turkey, with its preliminary countervailing duty determinations due on or about January 9, 2015, and its antidumping duty determinations due on or about March 25, 2015. 

SUNSET REVIEWS

Certain Kitchen Appliance Shelving and Racks from China

On November 4, 2014, all six commissioners voted to expedite its first five-year ("sunset") review concerning the countervailing and antidumping duty orders on certain kitchen appliance shelving and racks from China.  Kelley Drye & Warren (Kathleen Cannon, David Smith, Grace Kim and Katherine Wang) are representing petitioners SSW Holding Co. Inc. and Nashville Wire Products.  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.  Commissioners base their injury determinations in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.  The ITC should vote in this sunset review sometime mid to late December 2014

Electrolytic Manganese Dioxide from Australia and China 

On December 2, 2014, the ITC determined that revoking the existing antidumping duty order on electrolytic manganese dioxide (“EMD”) from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  However, the ITC also voted to revoke the existing antidumping order on EMD from Australia.  All six Commissioners voted in the negative with respect to Australia and in the affirmative with respect to China.  As a result of the agency findings, the AD order on EMD from China remain in place for an additional five years; but the AD order on imports of this product from Australia will be terminated

Michael J. Kelleher