This article was authored by International Trade Specialist Michael J. Kelleher

NEW INVESTIGATIONS

Sugar from Mexico 

On May 9th, the ITC determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of sugar from Mexico that are allegedly subsidized and sold in the United States at less than fair value.  Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative.  Commissioner Rhonda K. Schmidtlein 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, with its preliminary countervailing duty determination due on or about June 23, 2014, and its antidumping duty determinations due on or about September 4, 2014.  Kelley Drye & Warren (Paul Rosenthal; John Herrmann; and Grace Kim) are representing the National Confectioners Association, the Sweetener Users Association, the International Dairy Foods Association, and Barry Callebaut USA LLC in opposition of the imposition of the orders.  

Grain-Oriented Electrical Steel from China, The Czech Republic, Germany, Japan, Korea, Poland, and Russian Federation

On May 2nd, Commerce issued affirmative preliminary antidumping determinations in Grain-Oriented Electrical Steel from China, the Czech Republic, Germany, Japan, Korea, Poland and the Russian Federation.  Kelley Drye & Warren (David Hartquist; John Herrmann; Jeffrey Beckington; David Smith; Mary Staley; Grace Kim; and Katherine Wang) are representing petitioners AK Steel Corporation, Allegheny Ludlum LLC, and the United Steelworkers.  Commerce will be begin requiring AD cash deposits based on the following preliminary weighted average dumping margins: 159.21% for China; 10.35%-11.45% for the Czech Republic; 133.70%-241.91% for Germany; 93.36%-172.30% for Japan; 5.34% for Korea; 78.10%-99.51% for Poland; and 68.98%-119.88% for the Russia Federation.  The schedule for the ITC’s final investigations has not been announced as of this writing. 

Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel from Japan

On May 2nd, the ITC determined that a U.S. industry is materially injured or threatened with material injury by reason of imports of diffusion-annealed, nickel-plated flat-rolled steel products from Japan that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.  Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative. Commissioner Rhonda K. Schmidtlein did not participate in this investigation.  As a result of the ITC’s affirmative determination, an antidumping duty order will be issued on imports of this product from Japan. 

Prestressed Concrete Steel Rail Tie Wire from China, Mexico, Thailand

On April 29th, Commerce announced its affirmative final determinations in the antidumping duty investigations of imports of prestressed concrete steel rail tie wire (PC tie wire) from China and Mexico, and its negative final determination in the AD investigation of PC tie wire from Thailand.  Kelley Drye & Warren (Paul Rosenthal; Kathleen Cannon; Alan Luberda, David Smith; Mary Staley) are representing Petitioners Insteel Wire Products Company and Davis Wire Corporation in the AD investigations.  Commerce found the following AD dumping margins in the final investigation:  31.40%-35.31% for China; and 9.99% for Mexico.  The ITC is scheduled to make its final injury determinations on June 12, 2014. 

53-Foot Domestic Dry Containers from China

On April 23rd, Stoughton Trailers filed petitions with the ITC and Commerce seeking the imposition of antidumping and countervailing duties on imports of 53-Foot Domestic Dry Containers from China.  The ITC is set to vote on the preliminary injury determination around June 6th.  Assuming the ITC issues an affirmative determination, Commerce should issue preliminary antidumping and countervailing duty determinations within about six months.Inc. and Ajinomoto North America Inc.  

Steel Concrete Reinforcing Bar from Mexico and Turkey

On April 21, 2014, Commerce issued its affirmative preliminary determinations in the AD investigations on imports of steel concrete reinforcing bar from Mexico and Turkey.  Commerce will be begin requiring AD cash deposits based on the following preliminary weighted average dumping margins: 10.66%-66.70% for Mexico; and 2.64% for Turkey.  Unless extended, Commerce is scheduled to announce its final determinations on July 3, 2014.

SUNSET REVIEWS

Graphite Electrodes from China

On April 7th, the ITC unanimously voted to expedite its five-year (“sunset”) review to determine whether the AD order on small diameter graphite electrodes from China would be likely to lead to lead to continuation or recurrence of material injury within a reasonably foreseeable time.  Kelley Drye and Warren (Skip Hartquist; Alan Luberda; Grace Kim; Ben Caryl; and Katherine Wang) are representing petitioners GrafTech USA LLC, SGL Carbon LLC, and Superior Graphite Company.  The Commission will vote on the sunset determination on May 21st.  

Circular Welded Carbon-Quality Steel Line Pipe From China

On April 23rd, the ITC unanimously determined that revoking the existing AD and CVD orders on circular welded carbon-quality steel line pipe from China 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 determination, the existing orders on imports of this product from China will continue for an additional five years.