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AD/CV Case Update: New and Potential Reviews, Scope Rulings, Various Products

Wednesday, June 07, 2017
Sandler, Travis & Rosenberg Trade Report

New Administrative Reviews. The International Trade Administration has initiated administrative reviews of the following antidumping and/or countervailing duty orders for the periods April 1, 2016, through March 31, 2017 (AD) or Jan. 1 through Dec. 31, 2016 (CV), unless otherwise noted.

- certain uncoated paper from Indonesia (AD: Aug. 26, 2015, through Feb. 28, 2017; CV: Jun. 29, 2015, through Dec. 31, 2016)

- activated carbon from China (AD)

- certain frozen warmwater shrimp from Vietnam (AD: Feb. 1, 2016, through Jan. 31, 2017)

- certain steel threaded rod from China (AD)

- drawn stainless steel sinks from China (AD/CV)

- magnesium metal from China (AD)

- non-malleable cast iron pipe fittings from China (AD)

Opportunity to Request Reviews. The ITA will accept through June 30 requests for administrative reviews of the AD or CV duty orders on the following goods for the periods June 1, 2016, through May 31, 2017 (AD), or Jan. 1 through Dec. 31, 2016 (CV).

- carbon and alloy seamless standard, line, and pressure pipe over 4.5 inches from Japan (AD)

- carbon and alloy seamless standard, line, and pressure pipe under 4.5 inches from Japan (AD)

- prestressed concrete steel rail tie wire from China and Mexico (AD)

- chlorinated isocyanurates from China and Spain (AD)

- helical spring lock washers from Taiwan (AD)

- artist canvas from China (AD)

- furfuryl alcohol from China (AD)

- high pressure steel cylinders from China (AD/CV)

- polyester staple fiber from China (AD)

- prestressed concrete steel wire strand from China (AD)

- silicon metal from China (AD)

- tapered roller bearings from China (AD)

Scope Rulings. The ITA has published a list of scope rulings and anti-circumvention determinations made on the following AD and/or CV duty orders between April 1 and June 30, 2016.

- aluminum extrusions from China (AD/CV)

- boltless steel shelving units prepackaged for sale from China (AD/CV)

- certain passenger vehicle and light truck tires from China (AD/CV)

- crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (AD/CV)

- multilayered wood flooring from China (AD/CV)

Aluminum Extrusions. In the preliminary results of its administrative review of the AD duty order on aluminum extrusions from China for the period May 1, 2015, through April 30, 2016, the ITA has determined a weighted average dumping margin of 86.01 percent for exporter tenKsolar (Shanghai) Co. Ltd. and the China-wide entity. The ITA has also determined that nine companies are part of the China-wide entity.

In the preliminary results of its administrative review of the CV duty order on aluminum extrusions from China for the period Jan. 1 through Dec. 31, 2015, the ITA has preliminarily determined subsidy rates of 16.08 percent for 16 companies and 198.61 percent for two companies. The ITA has also rescinded its review of 186 companies based on the timely withdrawal of the review requests.

Magnesia Carbon Bricks. The ITA has rescinded its administrative review of the CV duty order on magnesia carbon bricks from China for the period Jan. 1 through Dec. 31, 2015, in response to the timely withdrawal of the request for review. The ITA will instruct CBP to assess CV duties on all appropriate entries of subject goods at the CV cash deposit rates required at the time of entry or withdrawal from warehouse for consumption.

Mushrooms. The ITA has rescinded its administrative review of the AD duty order on preserved mushrooms from India for the period Feb. 1, 2016, through Jan. 31, 2017, due to the withdrawal of the request for review. The ITA will instruct CBP to assess AD duties on all appropriate entries of subject goods at the AD cash deposit rates required at the time of entry or withdrawal from warehouse for consumption.

Steel Nails. In the preliminary results of its administrative review of the AD duty order on steel nails from Vietnam for the period Dec. 29, 2014, through June 30, 2016, the ITA has determined that three companies did not demonstrate their eligibility for a separate rate and are therefore part of the Vietnam-wide entity, which is currently subject to a rate of 323.99 percent. The ITA is also rescinding this review with respect to eight companies due to the petitioner’s withdrawal of its request for review.

Brightening Agents. In the preliminary results of its administrative review of the AD duty order on stilbenic optical brightening agents from Taiwan for the period May 1, 2015, through April 30, 2016, the ITA has determined a weighted average dumping margin of zero for producer/exporter Teh Fong Ming International Co. Ltd.

Steel. In the preliminary results of its administrative review of the AD duty order on diffusion-annealed, nickel-plated, flat-rolled steel products from Japan for the period May 1, 2015, through April 30, 2016, the ITA has determined a weighted average dumping margin of 1.42 percent for manufacturer/exporter Toyo Kohan Co. Ltd. The ITA has also determined that Nippon Steel & Sumitomo Metals Corporation had no reviewable entries of subject goods during the period of review.

Pipe and Tube. In the preliminary results of its administrative review of the AD duty order on light-walled rectangular pipe and tube from Turkey for the period May 1, 2015, through April 30, 2016, the ITA has determined weighted average dumping margins of 4.00 percent to 5.05 percent for nine manufacturer/exporters.

In the preliminary results of its administrative review of the AD duty order on welded carbon steel standard pipe and tube products from Turkey for the period May 1, 2015, through April 30, 2016, the ITA has determined weighted average dumping margins of zero to 1.35 percent for five producers or exporters. The ITA has also determined that six companies had no shipments of subject goods to the U.S. during the period of review.

Graphite Electrodes. The ITA has rescinded its administrative review of the AD duty order on small diameter graphite electrodes from China for the period Feb. 1, 2016, through Jan. 31, 2017 with respect to 191 companies based on the timely withdrawal of the requests for review of those companies. The ITA will instruct CBP to assess AD duties on all appropriate entries of subject goods at the AD cash deposit rates required at the time of entry or withdrawal from warehouse for consumption.

Pipe. In the preliminary results of its administrative review of the AD duty order on certain small diameter carbon and alloy seamless standard, line, and pressure pipe from Romania for the period Aug. 1, 2015, through July 31, 2016, the ITA has determined a weighted average dumping margin of zero for producer/exporter S.C. Silcotub S.A.

Crawfish Tail Meat. In the preliminary results of its administrative review of the AD duty order on freshwater crawfish tail meat from China for the period Sept. 1, 2015, through Aug. 31, 2016, the ITA has determined weighted average dumping margins of zero for producer/exporter Yancheng Hi-King Agriculture Developing Co. Ltd. and 5.10 percent for producer/exporter Hubei Nature Agriculture Industry Co. Ltd. and producer/exporter Xiping Opeck Food Co. Ltd. The ITA has also rescinded its review of eight companies based on the timely withdrawal of the review requests. Additionally, the ITA has preliminarily rescinded its review of Jingzhou Tianhe Aquatic Products Ltd. because the sale made by that company during the period of review is not bona fide.

Silicon Metal. The ITC has decided to conduct a full sunset review of the AD duty order on silicon metal from China. The review will seek to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury to a domestic industry within a reasonably foreseeable time. As opposed to expedited reviews, full reviews include a public hearing and the issuance of questionnaires.

Brass Sheet. The ITC has decided to conduct expedited sunset reviews of the AD duty orders on brass sheet and strip from France, Germany, Italy, and Japan. The reviews will seek to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury to a domestic industry within a reasonably foreseeable time.

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