US Trade Law Update: March 2017

This bulletin is courtesy of the Law Offices of Nithya Nagarajan, LLC

U.S. DEPARTMENT OF COMMERCE DECISIONS

 

Investigations:

  • On February 3, 2017, Commerce published its preliminary determination in the less than fair value investigation on dioctyl terephthalate from the Republic of Korea.
  • On February 6, 2017, Commerce issued an antidumping duty order and amended final affirmative antidumping duty determination on large residential washers from the People’s Republic of China.
  • On February 8, 2017, Commerce preliminarily determined sales to be at less than fair value in its investigation on carbon steel flanges from India, Italy, and Spain.
  • On February 8, 2017, Commerce issued its final affirmative determination,  in the countervailing duty investigation of stainless steel sheet and strip from the People’s Republic of China.
  • On February 8, 2017, Commerce issued the final determination of sales at less than fair value and final affirmative determination of critical circumstances in the antidumping duty investigation of stainless steel sheet and strip from the People’s Republic of China.
  • On February 24, 2017, Commerce issued its preliminarily determination in the less than fair value investigation on emulsion styrene-butadiene rubber from Brazil, Mexico, Poland the Republic of Korea.

Administrative Reviews:

  • On February 10, 2017, Commerce published a correction to the final results of antidumping duty administrative review of the order on multilayered wood flooring from the People’s Republic of China.
  • On February 15, 2017, Commerce published the final results of the admininstrative review of the antidumping duety order on wooden bedroom furniture from the People’s Republic of China.
  • On February 16, 2017, Commerce issued its final results in the administrative review of the antidumping duty order on small diameter graphite electrodes from the People’s Republic of China.
  • On February 17, 2017, Commerce amended the final results of the antidumping duty administrative review; 2014-2015 on welded carbon steel standard pipe and tube products from Turkey.
  • On February 21, 2017, Commerce published the final results of antidumping duty administrative review on seamless refined copper pipe and tube from Mexico.
  • On February 22, 2017, Commerce published the final results of antidumping duty administrative review; 2014-2015 monosodium glutamate from Indonesia.
  • On February 23, 2017, Commerce published its final results of review of the antidumping duty  order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam.
  • On February 23, 2017, Commerce published the final results of administrative reviewon the antidumping duty order for xanthan gum from the People’s Republic of China for the 2014-2015 and 2013-2014 review periods.

Changed Circumstances Reviews:

  • On February 7, 2017, Commerce initiated, and issued the preliminary results of changed circumstances review of the antidumping duty order on wooden bedroom furniture form the People’s Republic of China.
  • On February 7, 2017, Commerce initiated, and issued the preliminary results of changed circumstances review of the antidumping duty and countervailing duty orders on multilayered wood flooring from the People’s Republic of China.
  • On February 16, 2017, Commerce issued preliminary results of changed circumstances reviews, and intent to revoke antidumping duty order and countervailing duty order in part for certain crystalline silicon photovoltaic products from the People’s Republic of China.

Sunset Reviews:

  • On February 3, 2017, Commerce automatically initiated the five-year review of the AD/CVD orders for Uranium from Russia.
  • On February 3, 2017, Commerce issued final results for the expedited fourth sunset review of the antidumping duty order for Pure Magnesium from the People’s Republic of China.
  • On February 10, 2017, Commerce issued a continuation of antidumping duty orders for Certain Polyester Staple Fiber from the Republic of Korea and Taiwan.
  • On February 15, 2017, Commerce issued a continuation of antidumping duty order for Glycine from the People’s republic of China.
  • On February 24, 2017, Commerce issued a continuation of antidumping duty order for wooden bedroom furniture from the People’s Republic of China.

U.S. INTERNATIONAL TRADE COMMISSION

Section 701/731 Proceedings

Investigations

  • On February 3, 2017, the ITC determined that that a U.S. industry is materially injured by reason of imports of certain new pneumatic off-the-road tires from India.
  • On February 7, 2017, the ITC determined that the U.S. industry is materially injured by reason of imports of certain biaxial integral geogrid products from China.
  • On February 8, 2017, the ITC determined that the U.S. industry is materially injured by reason of imports of ammonium sulfate from China.
  • February 15, 2017, the ITC determined that the U.S. industry is materially injured or threatened with material injury by reason of imports of certain amorphous silica fabric from China.
  • On February 22, 2017, the ITC determined that the U.S. industry is not materially injured or threatened with material injury by reason of imports of truck and bus tires from China.

Sunset Review Decisions

  • On February 6, 2017, the ITC announced that it will expedite the 5-year Sunset review concerning the antidumping duty orders on certain welded stainless steel pipe from Korea and Taiwan.
  • On February 6, 2017, the ITC announced that it will expedite the 5-year Sunset review concerning the antidumping duty orders on Gray Portland Cement and Clinker from Japan.
  • On February 6, 2017, the ITC announced that it will expedite the 5-year Sunset review concerning the antidumping duty orders on helical spring lock washers from China and Taiwan.
  • On February 6, 2017, the ITC announced that it will expedite the 5-year Sunset review concerning the antidumping duty orders on multilayered wood flooring from China.
  • On February 22, 2017, the ITC determined that revoking the existing antidumping duty order on artists’ canvas from China would like lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Section 337 Proceedings

  • On February 1, 2017, the ITC voted to institute an investigation of certain basketball backboard components and products containing the same.
  • February 27, 2017, the ITC voted to institute an investigation of certain digital television set-top boxes, remote control devices, and components thereof.

Nithya Nagarajan

Nithya Nagarajan
Law Offices of Nithya Nagarajan, LLC
Tel: +1 202-656-2448 | Cel: +1 301-807-1286
E: nithya@intl-tradelaw.com | W: www.intl-tradelaw.com

Other Trade Matters

  • Chinese steel companies have requested that the ITC dismiss U.S. Steel’s Section 337 case against them for failure to assert an actual injury. U.S. Steel has accused the Chinese government of stealing trade secrets on behalf of the country’s state-run steel industry.
  • The WTO’s appellate body ruled against the United States’ methodology in Korean washer machine antidumping cases. The ruling is significant due to its focus on the Commerce Department’s practice of “zeroing” – or disregarding negative dumping margins – which drive margins up.
  • Another antidumping methodology matter is causing a stir in the trade remedy world as lawyers debate on a proposed shift in the way Commerce deals with determining normal value for products from market economies. The proposal is seen to be in anticipation of China’s potential move to market economy status later this year.
  • A September 14th meeting between Canadian and U.S. officials regarding a deal over softwood lumber did not produce results with less than a month left for negotiation. Canadian Minster of International Trade Chrystia Freeland told reporters that Canada is “prepared to fight” and will continue with litigation over the matter if negotiations do not produce an equitable result for Canadian lumber producers.
  • The Chinese aluminum industry will testify on September 29th before an ITC fact-finding hearing about that nation’s export policies and subsidies. The Section 332 investigation was requested by the House Ways & Means Committee earlier this year and will supplement the already-underway multilateral talks between the two governments on how to address the misclassification of Chinese aluminum to avoid certain duties.
  • The Sweeteners Users Association has inserted itself into the renegotiation of the U.S.-Mexico sugar suspension agreements. The association, which represents end-users of refined sugar, has requested two aspects of the original agreement be changed to lower prices of raw and refined sugar; specifically, those changes are an agreement to support prices used in the 2014 Farm Bill and an increase in the stocks-to-use target ratio.