New Antidumping and Countervailing Duty Petitions on Prestressed Concrete Steel Wire Strand From 15 Countries

Faegre Drinker Biddle & Reath LLP
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Insteel Wire Products Company, Sumiden Wire Products Corporation and Wire Mesh Corporation (collectively the petitioners), on April 16, 2020, filed a countervailing duty (CVD) petition on imports of certain prestressed concrete steel wire strand from Turkey and antidumping (AD) petitions on imports of certain prestressed concrete steel wire strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine and the United Arab Emirates.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidies are occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of certain prestressed concrete steel wire strand.

Scope

Per the petition:

The merchandise covered by these petitions is prestressed concrete steel wire strand (“PC strand”), produced from wire of non-stainless, non-galvanized steel, which is suitable for use in prestressed concrete (both pretensioned and post-tensioned) applications. The product definition encompasses covered and uncovered strand and all types, grades, and diameters of PC strand. PC strand is normally sold in the United States in sizes ranging from 0.25 inches to 0.70 inches in diameter. PC strand made from galvanized wire is only excluded from the scope if the zinc and/or zinc oxide coating meets or exceeds the 0.40 oz/ft2 standard set forth in ASTM-A-475.

The PC strand subject to this order is currently classifiable under subheadings 7312.10.3010 and 7312.10.3012 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.

Alleged Dumping Margins

The petitioners have alleged the following dumping margins:

  • Argentina: 60.40%
  • Colombia: 85.95%
  • Egypt: 29.91%
  • Indonesia: 72.28%
  • Italy: 30.61%
  • Malaysia: 40.05%
  • Netherlands: 30.86%
  • Saudi Arabia: 194.40%
  • South Africa: 155.10%
  • Spain: 38.57%
  • Taiwan: 23.89%
  • Tunisia: 53.22%
  • Turkey: 53.65%
  • Ukraine: 17.70 to 53.83%
  • United Arab Emirates: 174.46%

Estimated Schedule of Investigations

  • April 16, 2020 – Petition is filed
  • May 6, 2020 – DOC initiates investigation
  • May 7, 2020 – ITC staff conference
  • June 1, 2020 – Deadline for ITC preliminary injury determinations
  • July 10, 2020 – Deadline for DOC preliminary CVD determination, if not postponed
  • September 14, 2020 – Deadline for DOC preliminary CVD determination, if fully postponed
  • September 23, 2020 – Deadline for DOC preliminary AD determination, if not postponed
  • November 12, 2020 – Deadline for DOC preliminary AD determination, if fully postponed
  • March 29, 2021 – Deadline for DOC final AD and CVD determinations, if both preliminary and final determinations are fully postponed
  • May 13, 2021 – Deadline for ITC final injury determinations, assuming fully postponed DOC deadlines

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Faegre Drinker Biddle & Reath LLP

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