A petition filed Sept. 29 could result in the imposition of antidumping and countervailing duties on imports of chromium trioxide from India and Türkiye.
Scope
Uses of chromium trioxide include wood preservation, metal finishing, plating, catalyst manufacturing, as an oxidizing agent, glass and ceramic manufacturing, plastic plating, in trivalent/hexavalent chrome products, and in laboratory use. While chromium trioxide must be put into solution prior to use for necessary chemical reactions to occur in the production of downstream products, it is volatile and potentially hazardous to transport in liquid form so most customers purchase it in dry form.
Subject merchandise includes chromium trioxide, often referred to as chromic acid, in solution and dry forms. In dry form, chromium trioxide is typically in the form of pellets, flakes, powders, or beads and is most often sold in the U.S. market in 25, 50, 240, and 250 kg cans, or in sparger totes, trucks, and rail cars in which the customer can add water to the dry product themselves. Solution forms are sold in bulk totes, drums, or tanker trunks.
The petition covers all forms of chromium trioxide, irrespective of purity, particle size, or physical form. Blends are included in the scope if the resulting mix contains 90 percent or more of chromium trioxide, though only the chromium trioxide content is included. The petition also covers chromium trioxide that has been processed into a third country into a product that would otherwise be covered.
Imports of chromium trioxide are currently classifiable under HTSUS subheading 2819.10.00, but the HTSUS classification is not determinative as to whether a product is covered by the petition.
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 14.70 and 40.93 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 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 Nov. 13 for the ITC and Dec. 23 (CVD) and March 8 (AD) for the DOC, although these dates may be extended and impacted by the current U.S. government lapse in appropriations.
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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