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New AD/CV Duties Sought On 53-Foot Containers from China

Monday, April 28, 2014

A petition filed April 23 alleges that 53-foot domestic dry containers from China are being dumped below cost in the U.S. market and are also benefiting from countervailable subsidies. The alleged dumping margin is 90.39%. Petitioner Stoughton Trailers LLC, which describes itself as the sole U.S. producer of domestic containers, has requested that Thailand be used as a surrogate country for purposes of valuing Chinese producers’ factors of production.

The items covered by the petition are durable reusable shipping containers specifically designed for the long-distance intermodal transportation of dry packaged cargo. They are constructed primarily of carbon steel and have flooring typically composed of planks of solid wood, rubber or plastic door seals, and lockable double doors on one end. Binding rulings from U.S. Customs and Border Protection confirm that the classification of such shipping containers under HTSUS 8609.00 is both longstanding and non-controversial. Twenty-foot and forty-foot containers of the type used in international ocean shipping are not included in the scope of this petition.

The International Trade Administration and the International Trade Commission will next determine whether to launch AD/CV duty and injury investigations, respectively, on the subject containers. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact trade counsel as soon as possible.

For more information contact Kristen Smith at (202) 730-4965 or Mark Ludwikowski at (202) 730-4967.

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