Separate petitions filed Sept. 19 and Sept. 21 allege that refillable steel kegs from China, Germany, and Mexico and aluminum wire and cable from China are being sold at less than fair value in the U.S. market, and that subject merchandise from China is also benefitting from countervailable subsidies. The alleged average dumping margins are 196.55 percent (China), 76.36 percent (Germany), and 25.39 percent (Mexico) in the steel keg petition, and range from 53.2 percent to 63.1 percent in the aluminum wire and cable petition.

Refillable Steel Kegs. The petitions cover cylindrical kegs, vessels, or containers capable of being pressurized made from stainless steel (i.e., steel containing at least 10.5 percent chromium by weight and less than 1.2 percent carbon by weight, with or without other elements), with a nominal liquid volume capacity of 10 liters or more, regardless of the type of finish, gauge, thickness, or grade of stainless steel, regardless of finish, and whether or not covered by or encased in other materials. Subject merchandise may be imported assembled or unassembled, with or without all components (including spears, couplers or taps, necks, collars, and valves), and filled or unfilled. Assembled refillable stainless steel kegs must be capable of being pressurized to 60 pounds per square inch and must be tested to 90 PSI.

“Unassembled” or “unfinished” kegs include drawn stainless steel cylinders that have been welded to form the body of the keg and welded to an upper (top) chime and/or lower (bottom) chime. Unassembled kegs may or may not be welded to a neck, may or may not have a valve assembly attached, and may be otherwise complete except for testing, certification, and/or marking.

Subject merchandise also includes kegs that have been further processed in a third country, including attachment of necks, collars, spears or valves, heat treatment, pickling, passivation, painting, testing, certification, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope refillable stainless steel keg.

Subject goods are currently classifiable under HTSUS subheadings 7310.10.0010, 7310.10.0050, 7310.29.0025, and 7310.29.0050.

Specifically excluded are the following: (1) vessels or containers that are not cylindrical in nature; (2) stainless steel kegs, vessels, or containers that have either a “ball lock” valve system or a “pin lock” valve system (commonly known as a “Cornelius,” “corny,” or “ball lock” keg); (3) any fully assembled or finished stainless steel keg, vessel, or container that is incompatible with a “D Sankey” extractor (commonly known as a “D Coupler” or “Sankey”); (4) necks, spears, couplers or taps, collars, and valves that are not imported with the subject merchandise; and (5) stainless steel kegs that are filled with beer, wine, or other liquid and that are designated by the commissioner of customs as instruments of international traffic within the meaning of section 332(a) of the Tariff Act of 1930, as amended.

Aluminum Wire and Cable. The petitions cover aluminum wire and cable, which is defined as an assembly of one or more electrical conductors made from 8000 Series Aluminum Alloys, Aluminum Alloy 1350, and/or Aluminum Alloy 6201, provided that: (1) at least one of the electrical conductors is insulated; (2) each insulated electrical conductor has a voltage rating greater than 80 volts and not exceeding 1,000 volts; and (3) at least one electrical conductor is stranded and has a size not less than 16.5 kcmil and not greater than 1,000 kcmil. The assembly may or may not (1) include a grounding or neutral conductor; (2) be clad with aluminum, steel, or other base metal; or (3) include a steel support center wire, one or more connectors, a tape shield, a jacket or other covering, and/or filler materials.

Most AWC products conform to National Electrical Code types THHN, THWN, THWN-2, XHHW-2, USE, USE-2, RHH, RHW, or RHW-2, and also conform to Underwriters Laboratories standards UL-44, UL-83, UL-758, UL-854, UL-1063, UL-1277, UL-1569, UL-1581, or UL-4703, but such conformity is not required for the merchandise to be included within the scope. The scope specifically excludes conductors that are included in equipment already assembled at the time of importation. Also excluded are aluminum wire and cable products in lengths less than six feet. 

Subject goods are currently classifiable under HTSUS subheading 8544.49.9000 although they may also enter under HTSUS subheading 8544.42.9090.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and 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 David Craven at (312) 279-2844.

Copyright © 2022 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.


Kristen S. Smith
Member, Trade Remedies Practice Group Leader

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