A petition filed June 4 could result in the imposition of antidumping and/or countervailing duties on imports of steel concrete reinforcing bar from Algeria, Bulgaria, Egypt, and Vietnam.
Scope
Rebar is used primarily as a structural agent to increase concrete structures’ resistance to tension, compression, temperature, and/or shear stresses. The petition covers rebar imported in either straight length or coil form regardless of metallurgy, length, diameter, or grade or lack thereof. This includes rebar that has been further processed in the subject countries or a third country, including cutting, grinding, galvanizing, painting, coating, or any other processing that would not otherwise remove the rebar from the scope if performed in the country of manufacture.
Subject rebar is classifiable primarily under HTSUS subheadings 7213.10.0000, 7214.20.0000, and 7228.30.8010 and may also enter under subheadings 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000. However, classification in these subheadings is not dispositive for whether a product is covered by the petition.
Excluded from the scope of this petition plain rounds; i.e., non-deformed or smooth rebar.
AD/CV Duty Rates
The petition alleges that subject goods are being sold in the U.S. market at less than normal value, specifically at margins of 145.16 to 166.38 percent for Algeria, 27.57 percent for Bulgaria, 176.88 to 201.21 percent for Egypt, and 115.44 percent for Vietnam.
However, importers are typically liable for the payment of AD duties at the alleged rates only when importing from foreign producers or exporters that fail to cooperate with AD investigations by the Department of Commerce and International Trade Commission. Lower rates are often assigned to imports from cooperative entities.
The petition also argues that subject goods are being subsidized by the governments of Algeria, Egypt, and Vietnam but does not assert specific rates.
Next Steps
The Department of Commerce and the International Trade Commission will consider this petition and quickly launch investigations to determine dumping margins/net subsidy rates and potential injury to the U.S. domestic industry, respectively. Preliminary determinations are due around July 21 for the ITC and Aug. 28 (CV) and Nov. 11 (AD) for the DOC, although these dates may be extended.
If these preliminary determinations are affirmative, U.S. importers will be required to post AD and/or CV duty cash deposits for all entries of subject goods entered on or after the date those determinations are published. However, in certain circumstances duties could be owed three months prior to that date. In addition, preliminary cash deposit rates can change in the final DOC determinations.
Many important issues affecting coverage, duty rates, and other considerations are argued and decided in the early stages of AD/CV proceedings before preliminary determinations are issued. Companies that strategically engage in these early stages are thus best positioned to protect their interests and mitigate any potential duty liability. For more information, please contact Sandler, Travis & Rosenberg.
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