On April 2, 2024, U.S. Epoxy Resin Producers Ad Hoc Coalition (hereinafter the “Coalition,” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of certain epoxy resins from China, India, South Korea, Taiwan, and Thailand.
SCOPE OF THE INVESTIGATION
The following language describes the imported merchandise from China, India, South Korea, Taiwan, and Thailand that is within the scope of this Petition:
The merchandise subject to these petitions are epoxy resins, also known as epoxide resins or polyepoxides, which are polymers or prepolymers containing epoxy groups. Epoxy resins range in physical form from low viscosity liquids to solids and are used in a wide range of applications such as coatings, paints, adhesives, composite materials, wind blade systems, insulating materials, civil engineering materials, and electronics. All epoxy resins are covered by the scope of these petitions irrespective of physical form, viscosity, grade, purity, molecular weight, or molecular structure and regardless of packaging.
Epoxy resins may contain modifiers or additives, such as hardeners, curatives, colorants, pigments, diluents, solvents, thickeners, fillers, plasticizers, softeners, flame retardants, toughening agents, catalysts, Bisphenol F, and ultraviolet light inhibitors, so long as the modifier or additive has not chemically reacted so as to cure the epoxy resin or convert it into a different product no longer containing epoxy groups. Such epoxy resins with modifiers or additives are included in the scope where the epoxy resin component comprises at least 30 percent of the total weight of the product. The scope also includes blends of epoxy resins with different types of epoxy resins, with or without the inclusion of modifiers and additives, so long as the combined epoxy resin component comprises at least 30 percent of the total weight of the blend.
Epoxy resins are characterized by the presence of reactive epoxy groups that allow them to be readily cross-linked at the time of use. Epoxy resins may be reacted (cross-linked) either with themselves or with a wide range of co-reactants, often referred to as hardeners, curatives, or curing agents. The cross-linking reaction is commonly referred to as curing. The epoxy resins and blends thereof covered by this scope have not been cured.
Epoxy resins that enter as part of a system or kit with separately packaged coreactants, such as hardeners or curing agents, are within the scope. For such entries, both the epoxy resin and the co-reactant are covered by the scope of these petitions when entered together.
The scope includes merchandise matching the above description that has been processed in a third country, including by commingling, diluting, introducing, or removing modifiers or additives, or performing any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the subject country.
The scope also includes epoxy resin that is commingled with epoxy resin from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigations.
Excluded from the scope are phenoxy resins, which are polymers weighing more than 11,000 Daltons and containing no epoxy groups other than at the terminal ends of the molecule. Phenoxy resins’ Melt Flow Index (“MFI”) at 200°C (392°F) range from 4 to 70 grams per 10 min and its Glass-Transition Temperatures (“Tg”) range from 80 to 100°C (176 to 212°F).
Excluded from the scope are certain paint and coating products, which are blends, mixtures, or other formulations of epoxy resin, curing agent, and pigment, in any form, packaged in one or more containers, wherein (1) the pigment represents a minimum of 10 percent of the total weight of the product, (2) the epoxy resin represents a maximum of 80 percent of the total weight of the product, and (3) the curing agent represents 5 to 40 percent of the total weight of the product.
Excluded from the scope are preimpregnated fabrics or fibers, often referred to as “pre-pregs,” which are composite materials consisting of fabrics or fibers (typically carbon or glass) impregnated with epoxy resin.
This merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3907.30.0000. Subject merchandise may also be entered under subheadings 3907.29.0000, 3824.99.9397, 3214.10.0020, 2910.90.91, 2910.90.9000, 2910.90.2000, and 1518.00.4000. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope is dispositive.
PETITIONERS
Olin Corporation
190 Carondelet Plaza # 1530
Clayton, MO 63105
Phone: (314) 480-1494
Fax: N/A
Contact Name and Title: J. Matthew Martin, VP & General Counsel – Strategic
Partnerships & Initiatives
Contact Email: jmmartin@olin.com
Website: https://olin.com/
Westlake Corporation
2801 Post Oak Boulevard #600
Houston, TX 77056
Phone: (614) 519-7866
Fax: N/A
Contact Name and Title: Aaron VanderKaay, Senior Counsel
Contact Email: avanderkaay@westlake.com
Website: https://westlake.com/
COUNSEL FOR PETITIONERS
King & Spaulding LLP
1700 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
202-737-0500
NAMED PRODUCERS/EXPORTERS
For a list of foreign producers/exporters alleged by Petitioners, please see Attachment I.
NAMED IMPORTERS
For a list of importers alleged by the Petitioner, please see Attachment II.
ESTIMATED SCHEDULE
Event | Earliest Date |
Petition Filed | April 2, 2024 |
DOC Initiation | April 22, 2024 |
ITC Preliminary Investigation: | |
Questionnaires Due | April 16, 2024 |
Request to appear at hearing | April 21, 2024 |
Hearing | April 23, 2024 |
Briefs | April 28, 2024 |
ITC Vote | May 17, 2024 |
DOC Investigation Schedule: | |
DOC Preliminary Antidumping Determination | September 9, 2024 |
DOC Final Antidumping Determination | November 23, 2024 |
DOC Preliminary Countervailing Determination | June 26, 2024 |
DOC Final Countervailing Determination | September 9, 2024 |
ITC Final Investigation: | |
ITC Final AD Determination | January 7, 2025 |
ITC Final CVD Determination | October 24, 2024 |
ALLEGED DUMPING MARGINS
China: 264.87% – 351.97%
India: 11.43% – 17.50%
South Korea: 30.01% – 43.09%
Taiwan: 87.19% – 136.02%
Thailand: 163.94% – 205.63%
ALLEGED COUNTERVAILING DUTY MARGINS
Above de minimis
ALLEGED SUBSIDIES
For a list of alleged subsidies the Petitioner, please see Attachment III.
IMPORTS OF SUBJECT MERCHANDISE
2018 | 2019 | 2020 | 2021 | 2022 | 2023 | |
China | ||||||
Quantity (Pounds) | 6,864,428 | 2,097,992 | 3,886,529 | 8,422,943 | 6,325,121 | 4,084,046 |
CIF Value (US $) | 9,414,372 | 4,074,545 | 5,746,419 | 18,155,280 | 13,115,539 | 6,953,117 |
Value Per Pound | 1.37 | 1.94 | 1.48 | 2.16 | 2.07 | 1.70 |
India | ||||||
Quantity (Pounds) | 2,735,748 | 703,272 | 776,372 | 1,989,235 | 4,481,096 | 4,720,313 |
CIF Value (US $) | 4,849,828 | 2,114,678 | 1,131,378 | 5,171,955 | 12,684,139 | 8,129,122 |
Value Per Pound | 1.77 | 3.01 | 1.46 | 2.60 | 2.83 | 1.72 |
South Korea | ||||||
Quantity (Pounds) | 96,874,679 | 104,444,413 | 83,551,254 | 149,812,303 | 183,972,047 | 124,718,706 |
CIF Value (US $) | 138,053,639 | 137,765,420 | 96,932,465 | 353,926,868 | 520,600,797 | 217,069,374 |
Value Per Pound | 1.43 | 1.32 | 1.16 | 2.36 | 2.83 | 1.74 |
Taiwan | ||||||
Quantity (Pounds) | 27,453,824 | 25,383,502 | 16,786,259 | 16,525,474 | 32,454,688 | 40,026,645 |
CIF Value (US $) | 39,117,893 | 31,924,176 | 19,497,740 | 36,874,253 | 71,498,380 | 56,786,479 |
Value Per Pound | 1.42 | 1.26 | 14.16 | 2.23 | 2.20 | 1.42 |
Thailand | ||||||
Quantity (Pounds) | 30,278,596 | 26,233,935 | 18,134,281 | 12,354,755 | 10,480,613 | 12,718,384 |
CIF Value (US $) | 41,323,601 | 32,320,042 | 20,574,231 | 26,200,848 | 27,758,173 | 21,731,991 |
Value Per Pound | 1.36 | 1.23 | 1.13 | 2.12 | 2.65 | 1.71 |
CONTACT US For more information concerning this petition and how it may affect your business, please contact Jeffrey Neeley, Nithya Nagarajan, Stephen Brophy, or Dan Wilson.