A petition filed Dec. 18 alleges that active anode material from China is being sold at less than fair value in the U.S. and benefiting from countervailable subsidies. The alleged average dumping margins range from 828.1 to 921.0 percent.
The product subject to this petition is most commonly used as the primary component in the anode of lithium-ion batteries, which are used to power electric vehicles, consumer electronics, medical equipment, and other applications.
The petition specifically applies to active anode material, whether synthetic, natural, or a blend thereof; with or without coating; regardless of whether in powder, dry, liquid, or any other form. Subject merchandise typically has a maximum size of 80 microns. Such material is covered regardless of:
- whether it is mixed with silicon based active materials, e.g., silicon-oxide, silicon-carbon, or silicon, or additives such as carbon black or carbon nanotubes;
- the combination of compounds that comprise the graphite material (which has a minimum purity content of 90 percent carbon); and
- whether it is imported independently, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode.
The material covered by this petition may be classified under HTSUS 2504.10.5000 and 3801.10.5000 and may also enter under HTSUS 3801.90.0000.
The Department of Commerce and the International Trade Commission will next determine whether to launch AD and 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 Sandler, Travis & Rosenberg as soon as possible.
For more information, please contact William Marshall at (212) 549-0138 or via email.
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