Anti-dumping Duty updates April 2023

Argentina imposed anti-dumping duty on natural or unpolished fine porcelain stoneware, slabs and tiles

Argentina customs authority has imposed anti-dumping duty on import of natural or unpolished fine porcelainstoneware, slabs and tiles classified under tariff chapter 69 and originating from Brazil, India, Malaysia and Vietnam.

Canada: Conclusion of normal value revie of Oil country tubular goods and seamless casing (OS 2022 UP1)

The Canada Border Services Agency (CBSA) has concluded a normal value review to update normal values, export prices and amounts of subsidy applicable to certain oil country tubular goods (OCTG) and seamless casing exported to Canada from China by Dalipal Pipe Company (Dalipal). The review follows a request for re-determination filed by an importer and is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) orders issued on:

• November 28, 2018, in Expiry Review No. RR-2017-006 (SC) and
• December 10, 2020, in Expiry Review No. RR-2019-005 (OCTG I)

The period of investigation (POI) for the normal value review was from January 1, 2022 to August 31, 2022. Specific normal values and an amount of subsidy for future shipments of OCTG and seamless casing have been determined for Dalipal. The normal values were determined based on the results of the OS 2022 re-investigation and became effective on March 17, 2023. The specific amount of subsidy is effective, April 11, 2023.

Canada: Conclusion of export price review of Small power transformers 

The Canada Border Services Agency (CBSA) has concluded an export price review to update all export prices of certain small power transformers exported from South Korea by Hyundai Electric & Energy Systems Co., Ltd. (Hyundai Energy) and imported into Canada by Hyundai Electric America Corporation (HE America).

The review is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) finding of injury issued on December 24, 2021, respecting the dumping of small power transformers from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) and South Korea, in accordance with the Special Import Measures Act (SIMA). The period of investigation (POI) for the export price review was from January 1, 2021 to December 31, 2021.

Since 2019, imports into Canada of the subject goods are normally classified under the following tariff classification numbers: 8504.22.00.20; 8504.23.00.10

Incomplete SPT and parts and components thereof may also be imported under the following tariff classification numbers: 8504.90.90.10; 8504.90.90.82; 8504.90.90.90

The listing of tariff numbers is for convenience of reference only. The tariff numbers may also include non subject goods. Also, subject goods may fall under additional tariff numbers not listed. Refer to the product definition for authoritative details regarding the subject goods.

Canada: Extension of re-investigation of Concrete reinforcing bar

The Canada Border Services Agency (CBSA) has revised the schedule in relation to the re-investigation to update the normal values and export prices of certain concrete reinforcing bar originating in or exported from the Republic of Turkey. The re-investigation has been extended due to the complexity and novelty of the issues presented.

Canada: Notice of revised schedule of expiry review of Liquid dielectric transformers (TR 2023 ER)

The Canada Border Service Agency (CBSA) has updated the schedule of the expiry review of certain liquid dielectric transformers originating in or exported from the Republic of Korea.

Canada: Conclusion of normal value review of Upholstered domestic furniture (UDS 2022 UP7)

The Canada Border Services Agency (CBSA) has concluded a normal value review (review) to update all normal values and export prices applicable to certain upholstered domestic seating (UDS) from China by Zhejiang Kuka Merlin Furniture Co., Ltd. (“Kuka Merlin”).  The review follows a request for re-determination filed by an importer and is part of the CBSA’s enforcement of the Canadian International Trade Tribunal’s (CITT) order issued on September 2, 2021, respecting the dumping and subsidizing of UDS from China and Vietnam in accordance with the Special Import Measures Act (SIMA). For this review, the period of investigation (POI) and the profitability analysis period (PAP) were from July 1, 2021 to June 30, 2022.

At the initiation of this review, on July 22, 2022, the CBSA sent requests for information (RFIs) to Kuka Merlin and the importer in order to solicit information for purposes of updating all normal values and export prices. The importation of the subject goods are usually classified under the following tariff classification numbers: 9401.41.00.00; 9401.49.00.00; 9401.61.10.10; 9401.61.10.90; 9401.71.10.10 and 9401.71.10.90
This listing of tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.

China: Announcement on the Final Review of the Anti-dumping Measures against Imports of 4-Methyl-2-Pentanone Originating in Korea, Japan and South Africa 

On January 19, 2023, the MOFCOM received a formal application for expiry review on anti-dumping measures officially submitted by representatives from 4-Methyl-2-Pentanone industry and claim if the anti-dumping measures is terminated, the dumping behavior and injury to the industry in China might continue or reoccur, and requested the MOFCOM to maintain the anti-dumping measures against imports of 4-Methyl-2-Pentanone Originating in Korea, Japan and South Africa.

In accordance with the Anti-dumping Regulations of the People's Republic of China, the MOFCOM reviewed the qualifications of the applicants, the products under investigation, similar domestic products, the imports of the product under investigation during the implementation of the anti-dumping measures, the possibility of continuity or re-occurrence of dumping, the possibility of continuity or re-occurrence of damages or related evidence. Current evidence shows that the applicants meet the provisions specified in Article 11, Article 13 and Article 17 of the Anti-dumping Regulations of the People's Republic of China on industry and industry representativeness, and therefore, they are eligible to apply on behalf of China 4-Methyl-2-Pentanone industry. The investigation authority believes that the applicants' claim and the prima facie evidence submitted are in conformity with the requirements for an expiry review.

According to Article 48 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM decides to conduct an expiry review investigation into the anti-dumping measures imposed on the imports of 4-Methyl-2-Pentanone Originating in Korea, Japan and South Africa as of March 20, 2023.

This investigation starts from March 20, 2023 and ends prior to March 20, 2024. As suggested by the MOFCOM, during the expiry review investigation of the anti-dumping measures, the imports of  4-Methyl-2-Pentanone Originating in Korea, Japan and South Africa will still be subject to anti-dumping duties at the scope and rate released in MOFCOM Announcement No. 27 of 2018.

European Union: re-imposing a definitive anti-dumping duty on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 

European Commission has implemented regulation 2023/737, re-imposing a definitive anti-dumping duty on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China following the judgment of the General Court in joined cases T-30/19 and T-72/19

European Union: accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tableware and kitchenware 

European Commission has implemented regulation 2023/724, accepting a request for new exporting producer treatment with regard to the definitive antidumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China, and amending Implementing Regulation (EU) 2019/1198

European Union: initiating a ‘new exporter’ review of Implementing Regulation (EU) 2017/2230 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid 

European Commission has implemented regulation 2023/712, initiating a ‘new exporter’ review of Implementing Regulation (EU) 2017/2230 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People’s Republic of China for one Chinese exporting producer, repealing the duty with regard to imports from that exporting producer and making these imports subject to registration.

European Union: notice of initiation of an anti-dumping proceeding concerning imports of certain polyethylene terephthalate (‘PET’) 

EU has published notice of initiation of an anti-dumping proceeding concerning imports of certain polyethylene terephthalate (‘PET’) (classified under HTS 39076100) originating in People’s Republic of China.

European Union: reimposing a definitive anti-dumping duty on imports of electric bicycles 

Per the European Commission regulation (EU) 2023/609, reimposing a definitive anti-dumping duty on imports of electric bicycles originating in the People’s Republic of China as regards Giant Electric Vehicle (Kunshan) Co., Ltd following the judgment of the General Court in case T-242/19.

India to impose definitive anti-dumping duty on imports of "Ursodeoxycholic Acid (UDCA)" 

India Central board of indirect taxes & customs has imposed definitive anti-dumping duty on imports of "Ursodeoxycholic Acid (UDCA)" (Classified under tariff chapter 29 originating in or exported from China PR and Korea RP for a period of 5 Years.

India extends levy of ADD on Fishing Net originating in or exported from China PR

India Central board of indirect taxes & customs has extended levy of ADD on Fishing Net originating in or exported from China PR.

United States: Final Affirmative Determinations in the Antidumping Duty Investigations of Certain Preserved Mushrooms from the Netherlands, Poland, and Spain

On March 21, 2023, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty (AD) investigations of certain preserved mushrooms from the Netherlands, Poland, and Spain. U.S. Census Bureau, accessed through IHS Market’s Global Trade Atlas (Harmonized Tariff Schedule of the United States subheadings 2003.10.0127, 2003.10.0131, and 2003.10.0137).

United States: Preliminary Affirmative Determination in the Countervailing Duty Investigation of Paper File Folders from India

On March 14, 2023, the Department of Commerce (Commerce) announced its affirmative preliminary determination in the countervailing duty (CVD) investigation of paper file folders from India. U.S. Census Bureau, accessed through Global Trade Atlas (Harmonized Tariff Schedule of the United States (HTSUS) subheading 4820.30.0040).