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Practice Areas

Amorphous Silica Fabric is Subject of New AD/CV Petition

Thursday, January 21, 2016

A petition filed this week alleges that amorphous silica fabric from China is being sold at less than fair value and benefitting from countervailable subsidies.

The product covered by this petition is woven, industrial-grade amorphous silica fabric, which contains a minimum of 90 percent silica by nominal weight and a nominal width in excess of eight inches. The petition covers industrial-grade ASF regardless of other materials contained in the fabric, regardless of whether in roll form or cut-to-length, regardless of weight, width (except as noted above) or length, and regardless of whether the fabric is colored, is approved by a standards testing body or meets any governmental specification.

Industrial-grade ASF may be coated or treated with materials that include oils, vermiculite, acrylic latex compound, silicone, aluminized polyester film, pressure-sensitive adhesive, or other coatings and treatments. The petition covers industrial-grade ASF regardless of whether it is coated or treated or heat-cleaned.

Industrial-grade ASF may be imported in rolls or may be cut-to-length and then further fabricated to make welding curtains, welding blankets, welding pads, fire blankets, fire pads or fire screens. Regardless of the name, all industrial-grade ASF that has been further cut-to-length or cut-to-width or further finished by finishing the edges and/or adding grommets is included within the scope of the petition.

Subject goods also include (1) any industrial-grade ASF that has been converted into industrial-grade ASF in China from fiberglass cloth produced in a third country and (2) any industrial-grade ASF that has been further processed in a third country prior to export to the U.S., including treating, coating, slitting, cutting to length, cutting to width, finishing the edges, adding grommets, or any other processing that would not otherwise remove the ASF from the scope of the investigations if performed in the country of manufacture of the in-scope industrial-grade ASF.

Subject imports are normally classified under HTSUS subheadings 7019.59.4021, 7019.59.4096, 7019.59.9021 and 7019.59.9096 but may also enter under HTSUS subheadings 7019.90.1000 or 7019.90.5050.

Excluded from the scope of the petition is ASF that is subjected to controlled shrinkage and meets the following criteria: (1) contains a minimum of 98 percent silica by nominal weight, (2) has an areal shrinkage of four percent or less, (3) contains no coatings or treatments, and (4) is white in color. Also excluded are ASF rope and tubing (or sleeving).

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on this product. 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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