ARTICLE
22 January 2025

New AD/CVD Petitions: Temporary Steel Fencing From China

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Harris Sliwoski

Contributor

Harris Sliwoski is an international law firm with United States offices in Los Angeles, Portland, Phoenix, and Seattle and our own contingent of lawyers in Sydney, Barcelona, Portugal, and Madrid. With two decades in business, we know how important it is to understand our client’s businesses and goals. We rely on our strong client relationships, our experience and our professional network to help us get the job done.
On January 15, 2025, new antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of temporary steel fencing from China. Temporary fencing is marketed primarily to construction...
China International Law

On January 15, 2025, new antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of temporary steel fencing from China. Temporary fencing is marketed primarily to construction companies and event organizers who need temporary solutions that are relatively easy to transport, assemble and disassemble. The petition was filed by ZND US Inc. from Statesville, NC.

This case is an example of the trickle-down effect of AD/CVD duties. Steel prices in the United States are much higher than the rest of the world in part because a significant portion of imported steel is subject to AD/CVD duties and other tariffs. U.S. manufacturers of products that use steel inputs, like the U.S. temporary steel fencing producers, face higher costs. Because these higher costs make these U.S. producers less competitive compared to foreign manufacturers who don't have to deal with extra duties or tariffs on their steel inputs, these downstream U.S. manufacturers then often have to file their own AD/CVD petitions to seek protection from their own import competition.

These AD/CVD investigations will be conducted by two federal agencies. The International Trade Commission ("ITC") will investigate whether the subject imports have materially retarded the establishment of the domestic industry. The DOC will investigate whether the subject imports are being sold to the United States at less than fair value ("dumping") or benefit from unfair government subsidies. Both agencies have to make affirmative findings of material retardation (ITC) or of dumping or subsidies (DOC) in order for AD/CVD duties to be imposed on the subject imports.

Scope

The petition included the following proposed scope definition:

The merchandise subject to this investigation is temporary steel fencing. Temporary steel fencing consists of temporary steel fence panels and temporary steel fence stands. Temporary steel fence panels, when assembled with temporary steel fence stands or other types of stands outside of the scope, with each other, or with posts, create a free-standing structure. Such structures may include, but are not limited to, fencing for construction sites, security perimeters, and events, as well as animal kennels. Temporary steel fence panels are covered by the scope regardless of whether they attach to a stand or the type of stand to which they connect.

Temporary steel fence panels have a welded frame of steel tubing and an interior consisting of chain link, steel wire mesh, or other steel materials that are not more than ten millimeters in actual diameter or width. The steel tubing may surround all edges of the temporary steel fence panel or only be attached along two parallel sides of the panel. All temporary steel fence panels with at least two framed sides are covered by the scope, regardless of the number of edges framed with steel tubing.

Temporary steel fence panels are typically between 10 and 12 feet long and six to eight feet high, though all temporary steel fence panels are covered by the scope regardless of dimension.

Temporary steel fence panels may be square, rectangular, or have rounded edges, and may or may not have gates, doors, wheels, or barbed wire or other features, though all temporary steel fence panels are covered by the scope regardless of shape and other features. Temporary steel fence panels may have one or more horizontal, vertical, or diagonal reinforcement tubes made of steel welded to the inside frame, though all temporary steel fence panels are covered by the scope regardless of the existence, number, or type of reinforcement tubes attached to the panel. Temporary steel fence panels may have extensions, pins, tubes, or holes at the bottom of the panel, but all temporary steel fence panels are covered regardless of the existence of such features.

Steel fence stands are shapes made of steel that stand flat on the ground and have one or two open tubes or solid pins into which temporary steel fence panels are inserted to stand erect. The steel fence stand may be made of welded steel tubing or may be a flat steel plate with one or two tubes or pins welded onto the plate for connecting the panels.

Temporary steel fencing is covered by the scope regardless of coating, painting, or other finish. Both temporary steel fence panels and temporary steel fence stands are covered by the scope, whether imported assembled or unassembled, and whether imported together or separately.

Subject merchandise includes material matching the above description that has been finished, assembled, or packaged in a third country, including by coating, painting, assembling, attaching to, or packaging with another product, or any other finishing, assembly, or packaging operation that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the temporary steel fencing.

Temporary steel fencing is included in the scope of this investigation whether or not imported attached to, or in conjunction with, other parts and accessories such as hooks, rings, brackets, couplers, clips, connectors, handles, brackets, or latches. If temporary steel fencing is imported attached to, or in conjunction with, such non-subject merchandise, only the temporary steel fencing is included in the scope.

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the subheading 7308.90.9590. The HTSUS subheading set forth above is provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.

Alleged AD/CVD Margins

Petitioner calculated an estimated dumping margins ranging from 1,017.26% to 1,411.14%.

Petitioner did not provide any specific subsidy margin calculations.

Named Exporters/ Producers

Petitioner included a list of companies that it believes are producers and exporters of the subject merchandise. See attached list of exporters here.

Named U.S. Importers

Petitioner included a list of companies that it believes are U.S. importers of the subject merchandise. See attached list of importers here.

Estimated Schedule of Investigations

January 15, 2025 – Petitions filed

February 4, 2025 – DOC initiates investigation

February 5, 2025 – ITC Staff Conference

March 1, 2025 – ITC preliminary determination

June 14, 2025 – DOC CVD preliminary determination (assuming extended deadline) (4/10/25 – unextended)

August 13, 2025 – DOC AD preliminary determination (assuming extended deadline)

(6/24/25 – unextended)

December 26, 2025 – DOC AD/CVD final determinations (extended)

February 9, 2026 – ITC final determination (extended)

February 16, 2026 – DOC AD/CVD orders issued (extended)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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