A petition filed Feb. 25 could result in the imposition of antidumping and countervailing duties on imports of truck bed covers from China.
Scope
Subject merchandise consists of truck bed covers or tonneau covers, which are protective shields designed to span the open‑top cargo area of a pickup truck. TBCs are made of aluminum, fiberglass, carbon fiber, plastic, and/or water‑resistant fabric and are used to secure cargo and/or provide weather resistance. Fully assembled TBCs typically have a width between 45 and 75 inches (actual) and a length between 55 and 100 inches (actual). Subject TBCs are commonly classified into four general configurations: folding, roll‑up, one‑piece, and retractable.
The scope also includes any hardware or components for mounting, securing, operating, or storing the cover, provided that such items accompany the cover at the time of importation or are invoiced together with the cover.
The scope covers subject merchandise regardless of material composition, physical configuration, method of operation, presence or absence of electronic features, finish, surface treatment, packaging, or degree of assembly. The scope also includes subject merchandise that has been processed in a third country.
Excluded from the scope are truck caps (also known as camper shells, toppers, or canopies), which are enclosures that mount to truck bed rails and extend the height of the truck bed by at least 12 inches (actual).
Subject merchandise is typically classifiable under HTSUS statistical reporting number 8708.29.5160.
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 150.74 to 274.47 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 13 for the ITC and May 21 (CVD) and Aug. 4 (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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