A petition filed March 5 could result in the imposition of antidumping and countervailing duties on imports of lithium hexafluorophosphate from China.
Scope
Subject merchandise consists of lithium hexafluorophosphate (commonly referred to as LiPF6) in any form, including powder, crystal, diluted in solvent(s), in electrolyte formations, and mixtures where LiPF6 comprises more than five percent of the total weight of the mixture. The scope only includes the LiPF6 component of any such mixtures.
LiPF6 is typically sold as a high-purity solid salt, liquid, or as part of an electrolyte solution to produce lithium-ion batteries. Its common characteristics include minimal particulates, low moisture, trace acidic/chloride/sulfate impurities, and negligible metal contamination.
Subject merchandise is typically classifiable under HTSUS subheading 2826.90.9010 but may also be classified under subheadings 2826.90.9090, 3824.91.0000, and 3824.99.9397.
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 145.27 to 200.50 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 government of China 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 20 for the ITC and May 29 (CVD) and Aug. 12 (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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