Background

A new report from the International Trade Commission finds that over the last 25 years successive petitions for antidumping and/or countervailing proceedings have been filed most frequently by industries producing some type of steel product.

According to the report, AD/CV petitions are typically filed by U.S. industries and/or labor groups producing goods that compete with subject imports. These petitions can be filed by either an industry that has never filed a petition or one that has done so previously, and they may seek relief with respect to subject imports from one or more countries.

The report examines what it calls “boomerang petitions,” or multiple attempts to seek AD/CV relief for a given industry. From 1995 to 2020, the report states, 48 industries filed AD and/or CV petitions on more than one occasion. These included industries producing steel products (19), chemicals (9), electrical machinery/technology products and miscellaneous manufactures (8), metals/ores (5), wood and paper (3), textiles (2), and vehicles and parts (2). Of the steel products industries, four produce flat-rolled products, seven produce pipe and tube products, and eight produce other steel products.

The report finds that during this period 26 of the 48 industries filing boomerang petitions sought AD and/or CV relief twice, although 18 made three filings and two industries each made four (steel concrete reinforcing bar and silicon metal) or five (carbon and certain alloy steel wire rod and circular welded carbon-quality steel pipe) filings.

The 48 petitioning industries sought AD and/or CV relief against imports from between one and 23 countries in their boomerang filings (7.6 countries on average). Petitioning industries producing steel products generally accounted for the industries with the greatest number of countries named in their boomerang filings, while the non-steel industries that identified at least 10 countries in such filings were those producing common alloy aluminum sheet (19 countries) and polyethylene terephthalate film and resin (10 countries each).

For more information on AD/CV duty issues, including how to mitigate liability, please contact attorney Kristen Smith at (202) 730-4965 or via email.

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