New Antidumping\Countervailing Cases

Corrosion-Resistant Carbon Steel from China, India, Korea and Taiwan

On June 3rd, U.S. steel producers ArcelorMittal USA LLC, AK Steel Corporation, Nucor Corporation, U.S. Steel Corporation, California Steel Industries (“CSI”) and Steel Dynamics, Inc. (“SDI”) filed antidumping and countervailing duty petitions with the United States International Trade Commission (“ITC” or “Commission”) and the U.S. Department of Commerce (“Commerce”), against imports of certain corrosion resistant carbon steel from China, India, Italy, Korea and Taiwan.  Kelley Drye and Warren (Paul Rosenthal, Kathy Cannon, Alan Luberda, John Herrmann, David Smith, Grace Kim, Brooke Ringel and Joshua Morey) are representing one of the petitioners, ArcelorMittal USA LLC.  The petitions allege antidumping margins of 120.2 percent against China, 71.09 percent against India, 123.76 percent against Italy, 80.06 percent against South Korea and 84.4 percent against Taiwan.  In addition, these petitions allege that the five subject countries offer subsidy programs to their producers.  The ITC is expected to make a preliminary determination on whether the petitioners have been injured, or are threatened with injury, within 45 days.  Commerce is expected to issue its preliminary countervailing determinations at the end of August 2015; and its preliminary antidumping determinations in November 2015.

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

On June 16th, the ITC determined that a U.S. industry is materially injured by reason of imports of certain steel nails from Korea, Malaysia, Oman, Taiwan, and Vietnam, that Commerce has determined are sold in the United States at less than fair value and subsidized by the government of Vietnam.  More specifically, Commerce determined on May 14th, that imports of certain steel nails from Korea, Malaysia, Oman, Taiwan, and Vietnam have been sold in the United States at dumping margins ranging from 0.00 percent to 11.80 percent, 2.61 percent to 39.35 percent, 9.10 percent, 0.00 percent to 2.24 percent, and 323.99 percent, respectively. Commerce also determined that imports of certain steel nails from Vietnam received countervailable subsidies ranging from 288.56 percent to 313.97 percent.  See “AD\CVD Update” in May 2015 Kelley Drye & Warren Trade Advisor.  Vice Chairman Pinkert and Commissioners Williamson, Johanson, and Schmidtlein voted in the affirmative.  Chairman Broadbent voted in the negative.  Commissioner F. Scott Kieff did not participate in these investigations.  As a result of the USITC’s affirmative determinations, Commerce will issue a countervailing duty order on imports of these products from Vietnam and antidumping duty orders on imports of these products from Korea, Malaysia, Oman, Taiwan, and Vietnam.

Sunset Reviews

Hand Trucks and Certain Parts Thereof from China 

On June 5th, the ITC unanimously determined to expedite its five-year ("sunset") review concerning the antidumping duty order on hand trucks and certain parts thereof from China.  This is second sunset review of the Order.  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 continuation or recurrence of material injury within a reasonably foreseeable time.  

Pressure Sensitive Plastic Tape from Italy

On June 5th, the ITC unanimously voted to conduct a full five-year (“sunset”) review concerning the antidumping duty finding on pressure sensitive plastic tape from Italy.  This is the fourth sunset review of the Order.  As a result of this vote, the Commission will conduct a full review to determine whether revocation of this finding would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

Citric Acid and Certain Citrate Salts from Canada and China

On May 21st, the ITC unanimously determined that revoking the existing countervailing duty order on citric acid and certain citrate salts from China, and the antidumping duty orders on this product from Canada and China, would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  As a result of the ITC’s affirmative determinations, the existing orders on imports of these products will remain in place for an additional five years.

Michael J. Kelleher