Background

A petition filed this week alleges that imports of biaxial integral geogrid products from China are being sold at less than fair value, with an alleged dumping margin of 202.42 percent, and are benefitting from countervailable subsidies.

The products covered by this petition are used for reinforcement in roads and other construction. They consist of a polymer grid or mesh material (whether or not finished, slit, cut-to-length, attached to woven or non-woven fabric or sheet material, or packaged) in which four-sided openings in the form of squares, rectangles, rhomboids, diamonds or other four-sided figures predominate. The products covered have strands (which generally have at least some degree of molecular orientation) that constitute the sides of the openings and integral junctions where the strands intersect. They have a tensile strength of greater than 5 kilonewtons per meter in any direction and average overall flexural stiffness of more than 100,000 milligram/centimeter.

Subject goods include material matching the above description that has been finished, packaged or otherwise further processed in a third country, including by trimming, slitting, coating, cutting, attaching to woven or non-woven fabric or sheet material, or any other finishing, packaging or other further processing that would not otherwise remove the goods from the scope if performed in the country of manufacture of the biaxial integral geogrid.

Subject products are currently classified under HTSUS subheading 3926.90.9995 and may also enter under subheadings 3920.20.0050 and 3925.90.0000.

All products that meet the written physical description are within the scope unless specifically excluded. The following products are outside of and/or specifically excluded from the scope.

  • grid or mesh materials composed of strands (including strands consisting of bundled, coated or sheathed fibers or filaments) that are (a) woven, knitted or stitched together, (b) mechanically joined (such as through tying, stapling or use of rings), (c) joined together by calendaring, heating, lasers or welding in such a way as to lack a homogenous or integral junction, such as where strands running in different directions remain mostly in two planes, or (d) bonded together with adhesives or other materials
  • grid or mesh materials wholly composed of materials other than polypropylene or high-density polyethylene

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and/or CV duty and injury investigations, respectively, on these products. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact trade counsel as soon as possible. 

For more information contact Kristen Smith at (202) 730-4965 or Mark Ludwikowski at (202) 730-4967.

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Kristen S. Smith
Member, Trade Remedies Practice Group Leader

ST&R: International Trade Law & Policy

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