A petition filed Feb. 24 could result in the imposition of antidumping and countervailing duties on imports of Large Diameter Graphite Electrodes from China and India.
Scope
Subject merchandise consists of large diameter graphite electrodes, whether finished or unfinished, used in furnaces and joining systems for such electrodes. LDGEs are typically used in electric arc furnace melting applications and ladle refining applications.
LDGEs are cylindrical articles of artificial graphite produced primarily from calcined petroleum needle coke or calcined pitch needle coke with possible raw ingredients of coal tar pitch, petroleum pitch, extrusion oil, stearic acid, iron oxide, and silica. LDGEs are used to conduct electricity to generate sufficient heat to melt scrap metal, iron ore, and other raw materials in the production or refining of steel or other metals. LDGEs are manufactured in a range of diameters exceeding 425 millimeters (16.7 inches).
Subject merchandise is typically classifiable under HTSUS statistical reporting number 8545.11.0020, and may also enter under HTSUS statistical reporting numbers 3801.10.5090 or 3801.90.0050.
AD/CVD Duty Rates
The petition alleges that subject goods are being sold in the U.S. market at less than normal value at margins of 36.82 to 146.41 percent.
However, importers are typically liable for the payment of AD/CVD duties at the alleged rates only when importing from foreign producers or exporters that fail to cooperate with AD/CVD 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 China and India but does not assert specific rates.
Next Steps
The DOC and the ITC 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 April 10 for the ITC and May 20 (CVD) and Aug. 3 (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 CVD cash deposits for all entries of subject goods entered on or after the date the DOC determinations are published. However, in certain circumstances duties could be owed three months prior to these dates. 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/CVD 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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