The United States has updated its list of developing and least-developed countries pertaining to countervailing duty (CVD) law.  The most notable change is that India has been removed from this list due to its share of global trade, one of the several factors considered in creating the list of developing countries.  Prior to the change

Shipping containersOn February 10, 2020, the Department of Commerce (“Commerce”) announced its affirmative final determinations in the AD and CVD investigations of imports of carbon and alloy steel threaded rod from China and India.  See the fact sheet for a summary of the final cash deposit rates and margins.

In the China AD investigation, Commerce calculated

On December 19, 2019, Petitioners FEB Fair Trade Coalition, Ellwood Group, and Finkl Steel filed a petition for the imposition of antidumping on imports of Fluid End Blocks from Germany, India, and Italy and countervailing duties on imports of such products from the People’s Republic of China, Germany, India and Italy.

SCOPE OF THE INVESTIGATION

Court of International Trade

Summary of Decisions

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On July 1, 2019, in the ongoing antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China, the Court concluded that jurisdiction over this action exists because Plaintiff Perfectus’s complaint seeking review of the scope ruling was filed within thirty days of the mailing by post of that ruling as required by statute and was therefore timely and the Court sustains Commerce’s finding that the pallet products fall within the plain language of the scope of the Orders.

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On July 2, 2019, in the classification case of stringed light sets, the Court granted Plaintiff Target’s motion for summary judgment and denied the Defendant’s cross-motion. The CIT concluded that the subject merchandise based on the principal of use and commercial fungibility with other products was incorrectly classified by Customs. In the Opinion, the CIT stated, “there can be no genuine issue of material fact that the lighting sets at issue are not principally used as Christmas tree lights and are not fungible with Christmas tree lights.”


Continue Reading July Trade Law Update: Court Decisions

U.S. International Trade Commission

Section 701/731 Proceedings

Investigations
  • Mattresses from the People’s Republic of China: On June 13, 2019, the ITC released the schedule for the final phase of the Antidumping Duty Investigation.
  • Fresh Tomatoes from Mexico: On June 14, 2019, the ITC announced the resumption of the final phase of the Antidumping Duty Investigation.
  • Stainless Steel Kegs from the People’s Republic of China, Germany, and Mexico: On June 17, 2019, the ITC released the schedule of the Final Phase of Countervailing and Antidumping Duty Investigations.
  • Glycine from the People’s Republic of China, India, Japan: On June 21, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty investigations.
  • Aluminum Wire and Cable from the People’s Republic of China: On June 28, 2019, the ITC released the schedule for the final phase of the Countervailing Duty and Antidumping Duty Investigations.


Continue Reading June Trade Law Update: U.S. International Trade Commission and U.S. Customs & Border Protection

Investigations

  • Certain Steel Nails from the Socialist Republic of Vietnam: On June 19, 2019, Commerce released a notice of its Final Scope Ruling and notice of the Amended Final Scope Ruling in the Antidumping and Countervailing duty orders of the subject merchandise.
  • Steel Propane Cylinders: On June 21, 2019, Commerce announced its final determinations in the Antidumping Duty Investigations for the People’s Republic of China and Thailand.
  • Steel Propane Cylinders from the People’s Republic of China: On June 21, 2019, Commerce released the final affirmative Countervailing Duty determination.
  • Carbon Steel Butt-Weld Pipe Fittings from the People’s Republic of China: On June 21, 2019, Commerce issued the final affirmative determination of Circumvention of the Antidumping Duty Order.
  • Glycine from India and Japan: On June 21, 2019, Commerce released the amended final affirmative Antidumping Duty determination.  


Continue Reading June Trade Law Update: U.S. Department of Commerce Decisions

India Loses GSP Preferential Status Effective June 5, 2019

In a sudden announcement after 8pm on Friday May 31, 2019, the President made the anticipated decision that India was to be removed from the Generalized System of Preferences (“GSP”), effective June 5, 2019. The statement issued by the White House claims that the President had “determined that India has not assured the United States that India will provide equitable and reasonable access to its markets.” The end of the GSP eligibility and removal of India’s developing country status comes after holding that status for approximately 30 years and is a deepening indication of the U.S.’s increased protectionist stance in the global trade environment. To see our full post on India losing its GSP status, click here.
Continue Reading June Trade Law Update: Presidential Actions

Investigations

  • Glycine from India: On May 1, 2019, Commerce released its final determinations for both the Antidumping Duty and Countervailing Duty Investigation.
  • Glycine from the People’s Republic of China: On May 1, 2019, Commerce released its final affirmative Countervailing Duty determination.
  • Glycine from Japan: On May 1, 2019, Commerce issued its final Antidumping Duty determination.
  • Large Diameter Welded Pipe: On May 2, 2019, Commerce issued an amended final affirmative antidumping determination and antidumping duty order to the following countries: Greece
  • Turkey
  • Republic of Korea
  • Certain Quartz Surface Products from the People’s Republic of China: On May 23, 2019, Commerce released both the final affirmative Countervailing Duty and final affirmative Antidumping Duty determinations.


Continue Reading May Trade Law Update: U.S. Department of Commerce Decisions

In a sudden announcement after 8pm on Friday May 31, 2019, the President made the anticipated decision that India was to be removed from the Generalized System of Preferences (“GSP”), effective June 5, 2019.  The statement issued by the White House claims that the President had “determined that India has not assured the United States that India will provide equitable and reasonable access to its markets.” The end of GSP eligibility and removal of India’s developing country status comes after holding that status for approximately 30 years and is a deepening indication of the U.S.’s increased protectionist stance in the global trading environment.  Last month the U.S. ended Turkey’s preferential status.
Continue Reading India Loses GSP Preferential Status Effective June 5, 2019

On May 29, 2019, the Commerce Department announced the initiation of four new investigations covering certain quartz surface products from India and Turkey.  The investigations will now proceed to the next phase where the International Trade Commission will make its preliminary injury finding on or about June 24, 2019.
Continue Reading Commerce Initiates Investigations on Quartz from India and Turkey