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Practice Areas

Intermodal Cargo Containers from China Won’t be Subject to AD/CV Duties

Wednesday, May 20, 2015
Sandler, Travis & Rosenberg Trade Report

U.S. shippers were spared a potential increase in intermodal transportation prices when the International Trade Commission ruled May 19 that imports from China of the 53-foot containers typically used to haul cargo by truck, rail and ship are not materially retarding the establishment of a U.S. industry. Sandler, Travis & Rosenberg’s Trade Remedies Practice Group was instrumental in securing the ruling, which means that no antidumping or countervailing duty orders will be issued on these goods.

The Department of Commerce had previously made affirmative AD and CV duty determinations on these containers, with dumping margins of 107.19 percent to 111.22 percent and countervailable subsidies of 17.13 percent to 28.00 percent. U.S. Customs and Border Protection has been collecting cash deposits at these rates, but the cash deposit requirement will soon be terminated and those deposits that have already been collected will be refunded.

In its final determination, Commerce found the product subject to investigation to include closed van containers exceeding 48 feet but generally measuring 53 feet in length that are designed to transport dry goods primarily by rail, road vehicle or ocean vessel, largely within North America. Domestic containers are closed on all sides, including the top, and accessed through lockable double doors at one end. They are “dry” because they are not designed or intended for carrying liquids or goods requiring refrigeration. In addition, they have various handlings and fittings so that they can be lifted and then mounted on various platforms for movement.

Kristen Smith, a member of ST&R’s Trade Remedies Practice Group, will conduct a webinar on the basics of AD proceedings this Thursday, May 21. Click here for more information or to register to attend.

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