Anti-dumping Duty updates December 2022

Australia anti-dumping duty investigation on import of Ammonium Nitrate from Chile, Lithuania, and the Socialist Republic of Vietnam

On 8 June 2022, the Commissioner of the Anti-Dumping Commission (Commissioner) published a notice (initiation notice) announcing the initiation of an investigation into the alleged dumping of ammonium nitrate (the goods) exported to Australia from Chile, Lithuania and the Socialist Republic of Vietnam. Following the initiation of the investigation, the Commissioner extended the deadline for publishing the SEF and providing recommendations in the final report to the Minister. Following that extension, the SEF was due to be placed on the public record by 13 December 2022, and recommendations to the Minister were due in a final report on or before 21 February 2023.

Canada: notice of termination of scope proceeding on Certain aluminum extrusions

The Canada Border Services Agency (CBSA) has terminated the scope proceeding with respect to the goods that were the subject of the application made by Luxfer Canada Limited. On the basis of the information on the administrative record, the goods at issue intended for importation have a cross-section that is larger than 254mm, and are therefore outside the product definition of the goods subject to the Canadian International Trade Tribunal’s order issued on January 13, 2020 in Expiry Review No. RR-2018-008, concerning the dumping and subsidizing of certain aluminum extrusions originating in or exported from China. Therefore, in accordance with paragraph 54.5(b) of the Special Import Measures Regulations, the CBSA has terminated the scope proceeding pursuant to subsection 66(3) of SIMA, as there are no grounds for making a scope ruling with respect to the goods at issue.

Canada: Conclusion of normal value review of Upholstered domestic furniture

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 Gu Jia Intelligent Household Jiaxing Co., Ltd. (Gu Jia Jiaxing). For this review, the period of investigation (POI) and the profitability analysis period (PAP) were from April 1, 2021 to March 31, 2022. At the initiation of this review, on April 5, 2022, the CBSA sent requests for information (RFIs) to Gu Jia Jiaxing and the importer in order to solicit information for purposes of re-determining normal values and export prices applicable to the goods subject to the request for re-determination filed by the importer.  Responses to the CBSA’s RFIs and supplemental RFIs were received from Gu Jia Jiaxing. 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.

Canada notice of initiation of expiry review investigation on Stainless steel sinks 

The Canadian International Trade Tribunal (CITT), pursuant to subsection 76.03(1) of the Special Import Measures Act (SIMA), initiated an expiry review of its order made on February 8, 2018, in Expiry Review No. RR 2017-001, concerning the dumping and subsidizing of certain stainless steel sinks originating in or exported from China. As a result of the CITT’s expiry review, the Canada Border Services Agency (CBSA) has initiated an expiry review investigation to determine, pursuant to paragraph 76.03(7)(a) of SIMA, whether the rescission of the order is likely to result in the continuation or resumption of dumping and/or subsidizing of the subject goods. The CBSA will make a determination no later than April 27, 2023, and will issue a Statement of Reasons by May 12, 2023. The importation of the subject goods are usually classified under the following tariff classification numbers: 7324.10.00.10 and 7324.10.00.90. This listing of tariff classification numbers is for convenience of reference only.

Canada notice of normal value review on Steel piling pipe 

The Canada Border Services Agency (CBSA) has initiated a normal value review (review) to establish the normal values, export prices and amount of subsidy applicable to certain steel piling pipe (piling pipe) exported to Canada from the People’s Republic of China (China) by Coronet Group Suzhou Co., Ltd.

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 July 4, 2018, in Expiry Review No. RR-2017-003, respecting the dumping and subsidizing of piling pipe originating in or exported from China, in accordance with the Special Import Measures Act (SIMA). Beginning January 1, 2022, under the revised customs tariff schedule, subject goods are normally classified under the following tariff classification number: 7306.30.00.52; 7306.30.00.54; 7306.30.00.55; 7306.30.00.56; 7306.30.00.57; 7306.30.00.59; 7306.30.00.62; 7306.30.00.64; 7306.30.00.65; 7306.30.00.66; 7306.30.00.67; 7306.30.00.69; 7306.30.00.72; 7306.30.00.74; 7306.30.00.75; 7306.30.00.76; 7306.30.00.77; 7306.30.00.79; 7306.40.00.20; 7306.40.00.30 and 7306.50.00.00.

This listing of tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.

Canada notice of normal value review of Carbon steel fasteners

The Canada Border Services Agency (CBSA) has concluded a normal value review (review) to determine normal values and export prices of certain carbon steel fasteners (fasteners) exported to Canada from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) by Newfast Co., Ltd. (Newfast). For this review, the Period of Investigation (POI) was from December 1, 2021 to May 31, 2022 and the Profitability Analysis Period (PAP) was from December 1, 2021 to May 31, 2022. The importation of the subject goods are usually classified under the following tariff classification numbers: 7318.11.00.00; 7318.12.00.00; 7318.14.00.00; 7318.15.00.10; 7318.15.00.42; 7318.15.00.45 and 7318.15.00.49. This listing of tariff classification numbers is for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods.

EU takes action on dumped imports of electrolytic chromium coated steel from China and Brazil

The European Commission has imposed definitive anti-dumping duties on imports of electrolytic chromium coated steel (ECCS) originating in China and Brazil. An investigation found that Chinese and Brazilian imports were being dumped on the EU market and were injurious to the EU industry. In response, the Commission will impose duties ranging from €239 per tonne to € 607 per tonne of ECCS imported. Such duties will defend the EU industry, which employs almost 1,000 people across France, Germany, Span and Italy, from further injury from dumped imports.

EU amended the definitive countervailing duty imposed on imports of certain rainbow trout

As per EU commission regulation (EU) 2022/2390, EU has amended the definitive countervailing duty imposed on imports of certain rainbow trout originating in Türkiye. The product under review is certain rainbow trout (Oncorhynchus mykiss):

• live weighing 1,2 kg or less each, or
• fresh, chilled, frozen and/or smoked:
• in the form of whole fish (with heads on), whether or not gilled, whether or not gutted, weighing 1,2 kg or
• less each, or
• with heads off, whether or not gilled, whether or not gutted, weighing 1 kg or less each, or
• in the form of fillets weighing 400 g or less each,

originating in the Republic of Türkiye (‘the country concerned’) and currently falling under CN codes ex 0301 91 90, ex 0302 11 80, ex 0303 14 90, ex 0304 42 90, ex 0304 82 90 and ex 0305 43 00 (TARIC codes 0301 91 90 11, 0302 11 80 11, 0303 14 90 11, 0304 42 90 10, 0304 82 90 10 and 0305 43 00 11).

EU notice of reopening the anti-dumping investigation concerning imports of optical fibre cables

The request was lodged on 28 October 2022 by Europacable, (‘the applicant’) on behalf of the Union industry of
optical fibre cables in the sense of Article 5(4) of the basic Regulation. The product concerned is single mode optical fibre cables, made up of one or more individually sheathed fibres, with protective casing, whether or not containing electric conductors and originating in the People’s Republic of China (‘the product concerned’).

The product concerned does not include:
(i) cables in which all the optical fibres are individually fitted with operational connectors at one or both extremities;
and
(ii) cables for submarine use. Cables for submarine use are plastic insulated optical fibre cables, containing a copper
or aluminium conductor, in which fibres are contained in metal module(s).

The product concerned is currently falling under CN code ex 8544 70 00 (TARIC code 8544 70 00 10). The CN and
TARIC codes are given for information only.

EU notice of initiation of an expiry review of the anti-dumping measures applicable to imports of trichloroisocyanuric acid 

EU has published notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
trichloroisocyanuric acid originating in the People’s Republic of China. The request was submitted on 5 September 2022 by ERCROS S.A and Electroquímica de Hernani S.A. (‘the applicants’) on behalf of the Union industry of trichloroisocyanuric acid, in the sense of Article 5(4) of the basic Regulation.

The product subject to this review is trichloroisocyanuric acid and preparations thereof, also referred to as ‘symclosene’ under the international non-proprietary name (INN) (‘the product under review’), currently falling under CN codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes 2933 69 80 70, 3808 94 20 20). The CN and TARIC codes are given for information only without prejudice to their possible amendment at future steps of the proceeding.

EU notice of Initiation concerning a review of the safeguard measure applicable to imports of certain steel products

EU has published notice of Initiation concerning a review of the safeguard measure applicable to imports of certain
steel products (Classified under HTS 72081000 and 73011000). On 31 January 2019, the European Commission (‘the Commission’) imposed a definitive safeguard measure on certain steel products (the ‘Definitive Safeguard Regulation’). By Regulation (EU) 2021/1029, the Commission prolonged the steel safeguard measure until 30 June 2024 (‘the Prolongation Regulation’). The product under review is certain steel products. The product under review is composed of the 26 product categories.

EU notice of initiation of an expiry review of the anti-dumping measures applicable to imports of hand pallet trucks and their essential parts 

EU has published notice of initiation of an expiry review of the anti-dumping measures applicable to imports of hand
pallet trucks and their essential parts originating in the People’s Republic of China. The request was submitted on 29 August 2022 by Toyota Material Handling Europe and PR Industrial S.r.l. (‘the applicants’) on behalf of the Union industry of hand pallet trucks and their essential parts in the sense of Article 5(4) of the basic Regulation.

The product subject to this review is hand pallet trucks and their essential parts, i.e. chassis and hydraulics (‘the product under review’), currently falling under CN codes ex 8427 90 00 (TARIC codes 8427 90 00 11, and 8427 90 00 19) and ex 8431 20 00 (TARIC codes 8431 20 00 11, and 8431 20 00 19). The CN and TARIC codes are given for information only.

EU notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ceramic tiles 

EU has published notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
ceramic tiles originating in the People’s Republic of China. The request was submitted on 30 June 2022 by European Ceramic tile Manufacturers’ Association (‘the applicant’) on behalf of the Union industry of ceramic tiles in the sense of Article 5(4) of the basic Regulation. The product subject to this review is glazed and unglazed ceramic flags and paving, hearth or wall tiles; glazed and unglazed ceramic mosaic cubes and the like, whether or not on a backing (‘the product under review’), currently falling under CN codes 6907 21 00, 6907 22 00, 6907 23 00, 6907 30 00 and 6907 40 00. The CN codes are given for information only.

EU terminating the ‘new exporter’ review of imposing a definitive anti-dumping duty on imports of bicycles 

EU has terminated the ‘new exporter’ review of Implementing Regulation (EU) 2019/1379 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China. following an interim review pursuant to Article 11(4) of Regulation (EU) 2016/1036 of the European Parliament and of the Council and terminating the registration of imports. The product under review is bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, currently falling under CN codes 8712 00 30 and ex 8712 00 70 (TARIC codes 8712 00 70 91, 8712 00 70 92 and 8712 00 70 99) and originating in China.

EU notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron

EU has published notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People’s Republic of China and Thailand. The request was lodged on 22 August 2022 by the Union importer KWTools B.V. (‘the applicant’). The product subject to this review is threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling under CN codes ex 7307 19 10 (TARIC codes 7307 19 10 10 and 7307 19 10 20) originating in the PRC and Thailand.

EU imposed a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of electrolytic chromium coated steel products 

EU has imposed a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of electrolytic chromium coated steel products originating in the People’s Republic of China and Brazil. The Commission recalled that, the product concerned is flat rolled products of iron or non-alloy steel, plated or coated with chromium oxides or with chromium and chromium oxides originating in the PRC and Brazil, currently falling under CN codes 7210 50 00 and 7212 50 20 (‘the product concerned’).

EU Notice of initiation of an anti-dumping proceeding concerning imports of bulb flat 

EU has published notice of initiation of an anti-dumping proceeding concerning imports of bulb flat originating in the
People’s Republic of China and Türkiye. The product allegedly being dumped is the product under investigation, originating in the PRC and Türkiye (‘the countries concerned’), currently classified under CN code ex 7216 50 91 (TARIC code 7216 50 91 10). The CN and TARIC codes are given for information only, without prejudice to their possible amendment at future steps of the proceeding.

European Commission initiates review of EU steel safeguard

The Commission has initiated a review of the steel safeguard measure to determine whether it should be terminated one year earlier than its current end date of 30 June 2024. The Commission had committed to undertaking this review when it extended its original safeguard measure in June 2021. EU producers and users of steel have been invited to fill in questionnaires with specific data that the Commission will need for its investigation. Interested parties, including third country governments, have the opportunity to present their arguments to the Commission in writing until mid-January 2023. Following its investigation, the Commission will make a proposal by 30 June 2023 at the latest on whether the steel safeguard measure should be terminated. EU Member States will then vote on the proposal.

Background
The Commission originally introduced its steel safeguard measure in 2019, in an effort to prevent steel destined for but unable to reach the US market because of Section 232 duties from being diverted to the EU market and causing harm to the EU steel industry. The US Section 232 duty on steel is still in place.

US: Final Determination in the Antidumping Duty Investigation of Certain Preserved Mushrooms from France

On November 22, 2022, the U.S. Department of Commerce (Commerce) announced its affirmative final determination in the antidumping duty (AD) investigation of certain preserved mushrooms (classified under HTS 2003.10.0127, 2003.10.0131, and 2003.10.0137) from France.

US: Final Determination in the Antidumping Duty Investigation of Emulsion Styrene-Butadiene Rubber from the Czech Republic and Russia

The Department of Commerce (Commerce) announced its affirmative final determination in the antidumping duty (AD) investigations of emulsion styrene-butadiene rubber (classified under HTS 4002.19.0015 and 4002.19.0019) from the Czech Republic and Russia.