Category Archives: Antidumping/Countervailing Duties

Subscribe to Antidumping/Countervailing Duties RSS Feed

The U.S. Fights Back at the WTO on China’s NME Status

Last week, the United States filed its first legal analysis of the China non-market economy issue in a dispute at the World Trade Organization brought by China against the European Union. As we have reported here and here, the question of whether the United States would continue to treat China as an non-market economy (“NME”) … Continue Reading

In Rare Move, Trump’s Commerce Secretary Self-Initiates Chinese Aluminum Trade Remedy Cases

  The U.S. Department of Commerce self-initiated antidumping and countervailing investigations of common alloy aluminum sheet from China on November 28.  An accompanying fact sheet estimates dumping margins on the subject merchandise to be between 56.54 and 59.72 percent, and estimates a subsidy rate above de minimis.  Trade cases are typically initiated in response to … Continue Reading

Commerce Continues China’s Status as a Non-Market Economy

On October 26, 2017, the Department of Commerce  announced the results of an investigation concluding that China is a non-market economy (“NME”) country for purposes of Commerce’s antidumping analysis.  Commerce’s decision continues the long-standing practice of the agency with respect to the antidumping methodology it applies to cases involving China. Commerce was spurred to review … Continue Reading

Commerce Announces Preliminary Determination in Antidumping Investigation of Aluminum Foil from China and Determines that China Continues to Be a Non-Market Economy

On Friday, October 27, 2017, the Department of Commerce announced its affirmative preliminary determination in the antidumping duty investigation on aluminum foil from China.  The Department calculated preliminary dumping margins of 96.81 and 162.24 percent for the two mandatory respondents under investigation.  Additionally, the Department set the rate for the PRC-wide entity at 162.24 percent … Continue Reading

India Stainless Steel Bar:  Commerce Reinstates Viraj and Venus Back Under Antidumping Duty Order

On October 18, 2017, the U.S. Department of Commerce published its preliminary determination that two Indian bar producers, Viraj Profiles Ltd. (“Viraj”) and the Venus Group (Venus Wire Industries Pvt. Ltd. and its affiliates Hindustan Inox Ltd., Precision Metals and Sieve Manufacturers (India) Pvt. Ltd.), have resumed dumping stainless steel bar into the U.S. market … Continue Reading

Commerce Announces Preliminary Subsidy Rates on Chinese and Indian Mechanical Tubing Exports

On September 19th, the Department of Commerce announced that they will impose preliminary countervailing duties (“CVD”) on Chinese and Indian exports of cold-drawn mechanical tubing of carbon and alloy steel.  See the fact sheet here. Commerce determined that China and India received countervailable subsidies benefiting the production of mechanical steel tubing from their respective governments.  … Continue Reading

Trump Announces Nomination of Two ITC Commissioners

On September 28, President Donald Trump announced his nomination of two Commissioners to the United States International Trade Commission.  Dennis M. Devaney of Michigan for the remainder of a nine-year term, expiring June 16, 2023 and Randolph J. Stayin of Virginia for the remainder of a nine-year term expiring June 16, 2026. Mr. Devaney and … Continue Reading

Federal Circuit Affirms 16-Year Import Ban Against Indian Stainless Steel Producer Viraj Profiles  

On September 11, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a judgment without opinion affirming the International Trade Commission’s (“ITC”) decision in Viraj Profiles Limited v. ITC (2016-2482) that resulted in a limited exclusion order against Indian stainless steel producer Viraj Profiles Limited (“Viraj”).  The exclusion order prohibits the … Continue Reading

Commerce Announces Preliminary Subsidy Margins on Certain Tool Chests and Cabinets from China

On September 12th, the Commerce Department announced preliminary subsidy rates in its countervailing duty (“CVD”) investigation of certain tool chests and cabinets from China.  The rates calculated for the two examined Chinese producers and most other Chinese producers/exporters range from 17.32 to 32.07 percent.  See the Fact Sheet here. In addition, thirty-one Chinese companies that … Continue Reading

Commerce Announces Preliminary Determinations on Carbon and Steel Wire Rod from Turkey and Italy

Yesterday, the Department of Commerce announced its preliminary determinations in the countervailing duty investigations on carbon and alloy steel wire rod from Turkey and Italy.  Commerce reached affirmative determinations in both cases, finding that wire rod producers in those countries benefitted from government subsidies.  Specifically, Commerce found an overall subsidy rate of 1.70 percent ad … Continue Reading

Preliminary Affirmative Determination in Low Melt Polyester Staple Fiber from Korea and Taiwan

On August 10th, the U.S. International Trade Commission (“ITC”) unanimously determined that there is a reasonable indication that a U.S. industry is materially injured by reason of unfairly traded imports of low melt polyester staple fiber (“PSF”) from Korea and Taiwan.  Low melt PSF is a synthetic (manmade) staple fiber, not carded, combed or otherwise processed … Continue Reading

Commerce Announces Preliminary Subsidy Margins on Certain Aluminum Foil from China  

On August 14, the Commerce Department published a notice in the Federal Register announcing preliminary subsidy margins ranging from 16.56 to 80.97 percent in its countervailing duty investigation of certain aluminum foil from China.  The aluminum foil covered by Commerce’s investigation has a thickness of 0.2 mm or less, and is coiled in reels that … Continue Reading

Combating Evasion of Duties Front and Center

Last year, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015 (“TFTEA”).  Section 421 of the TFTEA (commonly called the Enforce and Protect Act, or EAPA), establishes procedures for submitting and investigating allegations of evasion of antidumping and countervailing duties. The statute encouraged a wide variety of stakeholders to participate … Continue Reading

India Challenges the United States’ Compliance on Cross-Cumulation

Earlier this month, India requested consultations with the United States at the WTO on the United States’ compliance with a WTO Appellate Body (AB) ruling from 2014.  That AB ruling held, in part, that the U.S. ITC had inappropriately “cross-cumulated” both dumped and subsidized subject imports in determining whether hot-rolled steel from several countries caused … Continue Reading

ITC Votes Unanimously to Continue Investigations on Cold-Drawn Mechanical Tubing from Six Countries

On June 2nd, the International Trade Commission (“ITC”) voted to continue the antidumping and countervailing duty investigations on cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland.  The ITC’s preliminary vote finding a reasonable indication that the domestic industry is material injured by reason of imports from the six countries was unanimous.  As … Continue Reading

Preliminary Affirmative Determination in Tool Chests and Cabinets from China and Vietnam

On May 25th, the U.S. International Trade Commission (“ITC”) reached an affirmative preliminary determination, finding that the there is a reasonable indication that domestic industry producing tool chests and cabinets have been injured by unfairly traded imports from China and Vietnam.  Tool chests and cabinets are metal tool storage units, with two or more drawers, … Continue Reading
LexBlog