A petition filed Jan. 15 alleges that temporary steel fencing 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 1,017.26 percent to 1,411.14 percent.
Temporary steel fencing consists of panels and stands assembled together to create free-standing structures such as fencing for construction sites, security perimeters, events, and animal kennels.
Temporary steel fence panels have a welded frame of steel tubing and an interior consisting of chain link, steel wire mesh, or other steel materials that are not more than ten millimeters in actual diameter or width. The tubing may surround all edges of the panel or only be attached along two parallel sides. All panels with at least two framed sides are covered by the petition, regardless of the number of edges framed with steel tubing. Further, the petition covers all panels regardless of dimension; shape or other features; the existence, number, or type of reinforcement tubes attached; and the existence of extensions, pins, tubes, or holes at the bottom of the panel.
Steel fence stands are shapes made of steel that stand flat on the ground and have one or two open tubes or solid pins into which panels are inserted to stand erect. Stands may be made of welded steel tubing or be a flat steel plate with one or two tubes or pins welded on for connecting the panels.
Temporary steel fencing is covered by this petition regardless of coating, painting, or other finish; whether the panels and stands are imported assembled or unassembled or together or separately; whether the materials have been finished, assembled, or packaged in a third country; and whether or not imported attached to, or in conjunction with, other parts and accessories such as hooks, rings, brackets, couplers, clips, connectors, handles, brackets, or latches.
Subject fencing is currently classified under HTSUS subheading 7308.90.9590.
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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