On December 18, 2024, American Active Anode Material Producers (“AAAMP” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of Active Anode Material from the People’s Republic of China (“China”). If the petition is successful, there could be significant implications for a broad range of battery manufacturers and battery consumers.
The AD/CVD investigations will now proceed before the U.S. International Trade Commission (ITC) and Commerce. The ITC will determine whether the domestic solar cell and module industry is suffering material economic injury by reason of subject imports. Commerce will determine whether, and if so, to what extent, the imports are being dumped and/or subsidized. As reflected in the detailed schedule below, these cases will move quickly. Preliminary duty deposits will be imposed if Commerce and the ITC both make affirmative preliminary determinations, with a possibility for retroactive duties if there is a surge in imports in response to the petition being filed. We provide below our current estimates for the timing of potential duties in both the AD and CVD proceedings.
SCOPE OF THE INVESTIGATION
The following language describes the imported merchandise from China:
Active anode material, whether synthetic, natural, or a blend of synthetic or natural; with or without coating; regardless of whether in powder, dry, liquid, or any other form. Subject merchandise typically has a maximum size of 80 microns. Subject merchandise has an energy density of 330 milliamp hours per gram or greater and a degree of graphitization of 80% or greater. Subject merchandise can be referred to as “active anode material.”
Subject merchandise is covered regardless of whether it is mixed with silicon based active materials, e.g., silicon-oxide (SiOx), silicon-carbon (SiC), or silicon, or additives such as carbon black or carbon nanotubes. Subject merchandise is covered regardless of the combination of compounds that comprise the graphite material; the graphite contained in the subject merchandise has a minimum purity content of 90% carbon. Subject merchandise is covered regardless of whether it is imported independently, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode. Only the anode grade graphite material is covered when entered as part of a mixture with silicon based active materials, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode.
Active anode material subject to the investigations may be classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2504.10.5000 and 3801.10.5000. Subject merchandise may also enter under HTSUS subheading 3801.90.0000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.
PETITIONER
American Active Anode Material Producers
Anovion Technologies
2050 Cory Dr.
Sanborn, NY 14132
(202) 452-7934
Syrah Technologies LLC
2001 D A Biglane Rd.
Vidalia, LA 71373
(202) 452-7934
NOVONIX Anode Materials LLC
1029 West 19th Street
Chattanooga, TN 37408
(202) 452-7934
Epsilon Advanced Materials
5060 Andrew Jackson Hwy NE
Leland, NC 28451
(202) 452-7934
SKI US, Inc.
1800 West Oak Commons Court
Marietta, GA 30062
(202) 452-7934
COUNSEL FOR PETITIONER
Buchanan Ingersoll & Rooney, PC
1700 K Street, NW
Washington, DC 20006
202-452-7900
NAMED PRODUCERS/EXPORTERS
For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I.
NAMED IMPORTERS
For a list of importers alleged by the Petitioner, please see Attachment II.
ESTIMATED SCHEDULE
Below is an estimated schedule. Please note that the Commerce Department deadlines are likely to be extended for both the AD and CVD investigations as authorized by statute.
| Event | Earliest Date | Extended Date |
| Petition Filed | December 17, 2024 | |
| DOC Initiation | January 6, 2025 | |
| ITC Preliminary Investigation: | ||
| Questionnaires Due | December 31, 2024 | |
| Request to appear at hearing | January 5, 2025 | |
| Hearing | January 7, 2025 | |
| Briefs | January 12, 2025 | |
| ITC Vote | January 31, 2025 | |
| DOC Investigation Schedule: | ||
| DOC Preliminary Antidumping Determination | May 26, 2025 | July 15, 2025 |
| DOC Final Antidumping Determination | August 9, 2025 | November 27, 2025 |
| DOC Preliminary Countervailing Determination | March 12, 2025 | May 16, 2025 |
| DOC Final Countervailing Determination | May 26, 2025 | July 30, 2025 (could be aligned with final AD determination)( |
| ITC Final Investigation: | ||
| ITC Final AD Determination | September 23, 2025 | January 11, 2025 |
| ITC Final CVD Determination | July 10, 2025 | September 13, 2025 |
ALLEGED DUMPING MARGINS
China: 828% – 921%
Periods of Investigation: The antidumping duty period of investigation will be April 1, 2024, through September 30, 2024. The countervailing duty period of investigation will be January 1, 2023 through December 31, 2023.
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
| 2021 | 2022 | 2023 | 2023 (Year through 3rd QTR) | 2024 (Year through 3rd QTR) | |
| China | |||||
| Volume (kilograms) | 60,988,257 | 103,508,617 | 84,290,595 | 66,630,907 | 70,049,715 |
| Import Value (USD) | 172,042,741 | 404,494,837 | 374,478,037 | 288,711,910 | 263,675,355 |
| AUV (USD/kilograms) | 2.820 | 3.907 | 4.442 | 4.333 | 3.764 |
CONTACT US For more information concerning this petition and how it may affect your business, please contact Nithya Nagarajan, Dan Wilson, or Stephen Brophy.