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AD/CV Case Update: Tool Chests, Sugar, PET Film, Washers, Shrimp

Thursday, May 04, 2017
Sandler, Travis & Rosenberg Trade Report

Tool Chests. The International Trade Administration has initiated antidumping duty investigations of tool chests and cabinets from China and Vietnam and a countervailing duty investigation of such goods from China. Alleged dumping margins are 159.99 percent for China and 21.85 percent for Vietnam. The ITA’s preliminary determinations are due by July 5 (CV) and Sept. 18 (AD).

The scope of these investigations covers all metal tool chests and cabinets, including top chests, intermediate chests, tool cabinets and side cabinets, storage units, mobile work benches, and work stations, that have specified physical characteristics. Covered goods are classified under HTSUS 9403.20.0021, 9403.20.0026, 9403.20.0030, and 7326.90.8688 but may also be classified under HTSUS 7326.90.3500.

Excluded from the scope of the investigations are tool boxes, chests, and cabinets with bodies made of plastic, carbon fiber, wood, or other non-metallic substances; portable metal tool boxes; industrial grade steel tool chests and cabinets; work benches with fewer than two drawers; and metal filing cabinets configured to hold hanging file folders.

Sugar. The Department of Commerce has formally notified Mexico that it unless the two sides renegotiate their suspension agreements to resolve outstanding issues by June 5, the AD and CV duty orders on sugar from Mexico that have been suspended since 2014 will become operative and cash deposits will be required.

Following a petition from domestic producers, the DOC preliminarily determined in December 2016 that the suspension agreements may not be working. However, Mexico’s Ministry of Economy said May 1 that the U.S. industry is trying to take advantage of the negotiation process to limit Mexico's raw sugar supply exclusively to its refineries and eliminate all competition from refined sugar from Mexico in the U.S. market.

PET Film. The ITA has rescinded its administrative review of the AD duty order on polyethylene terephthalate film, sheet, and strip from China for the period Nov. 1, 2015, through Oct. 31, 2016, because the petitioners withdrew their request for review. The ITA will instruct U.S. Customs and Border Protection 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.

Washers. In its sunset review of the AD duty orders on helical spring lock washers from China and Taiwan the International Trade Commission has determined that revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result, these orders will be extended for five years.

Shrimp. In its sunset reviews of the AD duty orders on frozen warmwater shrimp from China, India, Thailand, and Vietnam, the ITC has determined that revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result, these orders will be extended for five years.

However, the ITC also determined that revocation of the AD duty order on frozen warmwater shrimp from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. As a result, this order will be revoked.

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