ITC: Out with the Old (2013) and In with the New (2014)
2013 was a big year for new AD/CVD cases.
Full Speed Ahead: 14 AD/CVD Petitions Filed in 2013
Despite a government shutdown in October, a total of 14 AD/CVD petitions were filed in 2013, almost triple the 5 cases filed in 2012 and the most since 15 were filed during the “Great Recession” in 2009. Some had memorable acronyms such as MSG, GOES and NOES which will surely figure prominently in 2014.
2013 Petitions had a 100% Record at the Preliminary Stage
All 12 of those petitions which received votes in 2013 passed the preliminary stage at the ITC and may see their final disposition decided in 2014. The two petitions filed in December 2013, Calcium Hypochlorite and Crystalline Silicon Photovoltaic Products, have preliminary stage votes scheduled for January 31 and February 14, 2014 respectively.
China was the Main Targeted Country in 2013
Of the 14 petitions filed, China was the target for 8 of them. Japan and Thailand were each targeted 4 times with South Korea and Taiwan targets in 3 petitions each. Vietnam was targeted in 2 petitions, and when combined with cases targeting China bringing the NME total to 10 out the 14 petitions (71%).
To AD or CVD (or Both), That is the Question
In 2013 the answer was clear, 10 out of 14 petitions filed requested both AD & CVD relief. No CVD only petitions were filed in 2013. Since CVD cases were first filed against China in 2006, filing CVD in addition to an AD petition against China has become the norm. Of the 59 petitions filed against China since then, 40 of them involved CVD including 6 of the 8 petitions filed against China in 2014. The two exceptions being Prestressed Concrete Steel Rail Tie Wire which only alleged dumping against China, while the Chlorinated Isocyanurates petition marked the first time a CVD only case was filed with respect to China (the petition also alleged dumping against Japan). An AD order already exitsts on Chinese chlorinated isocyanurates imports. Only time will tell if more CVD only cases will be filed against countries already facing an AD order.
AD & CVD: 10 (71.4%); AD Only: 4 (28.6%)
The Final Countdown
The record of final phase investigations concluded in 2013 were more of a mixed bag than the 100% affirmative record of the preliminaries. 8 investigations had final votes in 2013, 4 of which received affirmative determinations, 3 went negative and 1, Xanthan Gum, had a split decision going affirmative with respect to China and negative with respect to Austria. One of the negatives was the CVD only case filed against shrimp from multiple countries, some of which had antidumping orders in place or removed. Two China cases also went negative at the ITC final stage, Hardwood Plywood and Silica Bricks and Shapes.
The Sun Never Sets on Some Orders
Appropriately, 13 sunset reviews were concluded in 2013 with orders continuing for 11 of them, 3 of which were expedited. The sun did set on the Corrosion-Resistant Carbon Steel Flat Products from Germany and Korea order at its third review as well as for Lemon Juice from Mexico in its first review. However, the Lemon Juice from Argentina order did continue. Some orders such as those on Pasta from Italy and Turkey and Clad Steel Plate from Japan continue to shine even after their third review, while the Low Enriched Uranium from France order will glow for another 5 years after its second review.
The ITC could see the following cases on the 2014 calendar:
Investigations Entering Final Phase
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan (vote in May 2014)
Prestressed Concrete Steel Rail Tie Wire from China, Mexico and Thailand
Welded Stainless Pressure Pipe from Malaysia, Thailand and Vietnam
Steel Threaded Rod from India and Thailand
Oil Country Tubular Goods from India, Korea, Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine and Vietnam
Ferrosilicon from Russia and Venezuela
Chlorinated Isocyanurates from China and Japan
Steel Concrete Reinforcing Bar from Mexico and Turkey
Monosodium Glutamate (MSG) from China and Indonesia
Grain-Oriented Electrical Steel from China, Czech Republic, Germany, Japan, Korea, Poland and Russia
Non-Oriented Electrical Steel from China, Germany, Japan, Korea, Sweden and Taiwan
1,1,1,2-Tetrafluoroethane from China
Sunset Cases Already Initiated
Non-Malleable Cast Iron Pipe Fittings from China (Expedited – vote January 2014)
Sodium Nitrite from China and Germany (Expedited – vote January 2014)
Persulfates from China (Full – vote February 2014)
Laminated Woven Sacks from China (Expedited – vote February 2014)
Steel Wire Garment Hangers from China (Expedited – vote February 2014)
Light-Walled Rectangular Pipe and Tube from China, Korea, Mexico, and Turkey (Full – vote May 2014)
Silicon Metal from Russia (Full – vote May 2014)
Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine (Full – vote May 2014)
Electrolytic Manganese Dioxide from Australia and China (Full)
Polyethylene Terephthalate Film, Sheet, and Strip (“PET film”) from India and Taiwan (Full)
Certain Lightweight Thermal Paper From China And Germany
Polyethylene Terephthalate Film, Sheet, and Strip from Brazil, China, and the United Arab Emirates
Ferrovanadium from China and South Africa
Crawfish Tail Meat from China
Uncovered Innerspring Units from China, South Africa, and Vietnam
Certain Circular Welded Carbon Quality Steel Line Pipe from China and Korea
Ball Bearings and Parts thereof from Japan and the United Kingdom
Sunset Cases to be Initiated
Small diameter graphite electrodes (January 2014)
Circular welded austenitic stainless pressure pipe (February 2014)
Barium carbonate (February 2014)
Refined brown aluminum oxide (February 2014)
Malleable iron pipe fittings (March 2014)
Polyvinyl alcohol (March 2014)
Steel threaded rod (March 2014)
HEDP (March 2014)
Frontseating service valves (March 2014)
Citric acid and certain citrate salts (April 2014)
Saccharin (May 2014)
Frozen fish fillets (June 2014)
Tow-behind lawn groomers (July 2014)
Kitchen appliance shelving and racks (August 2014)
Cut-to-length carbon steel plate (October 2014)
Commodity matchbooks (November 2014)
Prestressed concrete steel wire strand (November 2014)
Tetrahydrofurfuryl alcohol (November 2014)
Oil country tubular goods (December 2014)