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A new antidumping and countervailing duty action has been filed against large diameter graphite electrodes from China and India. The allegation is that imports from China and India are unfairly subsidized and are being dumped.
Full list of exporters here.
Background on AD/CVD Investigations
Antidumping duty ("AD") and countervailing duty ("CVD") investigations are brought jointly by the U.S. International Trade Commission ("USITC") and the U.S. Department of Commerce ("Commerce"). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.
Scope of the Investigation
The merchandise covered by these investigations is all large diameter graphite electrodes of any length, whether or not finished, of a kind used in furnaces, with a nominal or actual diameter exceeding 425 millimeters (16.7 inches), and whether or not attached to a graphite pin joining system or any other type of joining system or hardware.
The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 8545.11.0020, 3801.10.5090, and 3801.90.0050.
Full scope here.
Next Steps
The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.
As with any proceeding, participation is very important to protect your rights. We urge anyone who imports large diameter graphite electrodes from China and India to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.
AD/CVD investigations can result in determinations adverse to respondent interests for years that could effectively prohibit access to the U.S. market. Failure to effectively participate in investigations can put exporters and importers at a significant disadvantage.
Diaz Trade Law will continue to monitor this case and share updates.
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.
