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

On March 10th, Kelley Drye and Warren (Paul Rosenthal, Kathleen Cannon, David Smith, Grace Kim, Brooke Ringel) filed antidumping (“AD”) and countervailing (“CVD”) petitions with the International Trade Commission (“ITC”) and Department of Commerce (“Commerce”) on behalf of DAK Americas LLC, M&G Chemicals and Nan Ya Plastics Corporation, America, regarding imports of polyethylene terephthalate resin from Canada (AD), The People’s Republic of China (AD and CVD), India (AD and CVD), and the Sultanate of Oman (AD and CVD).  The ITC is scheduled to issue its preliminary injury determination on April 24th.

Sugar from Mexico

On March 19th, the ITC unanimously determined 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.  The ITC’s determinations resulted from reviews conducted 19 U.S.C. §§ 1671c(h) and 1673c(h), due to petitions filed by Imperial Sugar Company and AmCane Sugar LLC on January 8th.  Under these provisions, the Commission was required to determine “whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement.”  Unlike in antidumping and countervailing duty investigations, the Commission did not analyze whether the subject imports from Mexico have caused material injury to a domestic industry.  As a result of the Commission’s affirmative determinations, the suspension agreements will remain in effect.  Presently, Commerce is considering requests filed by Imperial Sugar Company and AmCane Sugar LLC to continue the underlying investigations.  If the underlying investigations are not continued, or if they are continued and Commerce and the ITC make affirmative final determinations in the continued investigations, the suspension agreements will remain in effect.  If Commerce or the ITC make a negative determination in either of the continued investigations, the pertinent suspension agreement will have no effect, and no duties will be imposed.

Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal

On March 6th, the ITC determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of certain uncoated paper from Australia, Brazil, China, Indonesia, and Portugal that are allegedly sold in the United States at less than fair value and that are allegedly subsidized by the governments of China and Indonesia.  Chairman Broadbent, Vice Chairman Pinkert, and Commissioners Williamson, Johanson, and Schmidtlein voted in the affirmative.  The petitions were filed on behalf of Domtar Corporation, Finch Paper LLC, P.H. Glatfelter Co., Packaging Corporation of America and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.  Commissioner Kieff did not participate in these investigations.  As a result of the Commission’s affirmative determinations, Commerce will continue to conduct its investigations on imports of these products from Australia, Brazil, China, Indonesia, and Portugal, with its preliminary countervailing duty determination due on or about April 16, 2015, and its antidumping duty determination due on or about June 30, 2015.

Supercalendered Paper from Canada

On February 26th, a countervailing duty petition was filed with the ITC and Commerce on behalf of the Coalition for Fair Paper Imports seeking the imposition of countervailing duties on U.S. imports of supercalendered paper from Canada.  The ITC is scheduled to issue its preliminary injury determination on April 13th.  On March 19th, Commerce initiated the CVD Investigation.  Commerce will issue its preliminary determination by May 23, 2015, unless fully extended.

Silicomanganese from Australia 

On February 19th, a petition was filed with the ITC and Commerce on behalf of Felman Production LLC seeking the imposition of antidumping duties on imports of silicomanganese from Australia.  The ITC is scheduled to issue its preliminary injury determination on April 6th.   On March 12th, Commerce initiated the related antidumping investigation on March 12th.  If the ITC determines that there is a reasonable indication that imports of silicomanganese from Australia materially injure, or threaten material injury to, the domestic industry, the investigation will continue (and Commerce will be scheduled to make its preliminary AD determination in July 2015 unless extended).  If the ITC’s preliminary determination is negative, the investigation will be terminated. 

Michael J. Kelleher