The Commerce Department reached a final determination in its antidumping investigation of certain cast iron soil pipe fittings from China that such products are being, or are likely to be, sold in the U.S. at less than fair value, Commerce announced Tuesday.
Mandatory respondents in the investigation are Shanxi Xuanshi Industrial Group Co. Ltd., Wor-Biz International Trading Co. Ltd., Sibo International Limited and Kingway Pipe Co. Ltd.
Commerce also determined that “critical circumstances” exist with respect to imports of subject merchandise from the China-wide entity, including Sibo.
Commerce will instruct U.S. Customs and Border Protection to continue to suspend liquidation for entries of cast iron soil pipe fittings from the China-wide entity entered or withdrawn from warehouse for consumption on or after Nov. 22.
“Critical circumstances” refer to a provision in AD and countervailing duty laws that allows for limited retroactive imposition of duties if petitioners show that a surge in imports before the suspension of liquidation of entries of subject merchandise will undermine the effectiveness of normal relief.
If Commerce makes a preliminary affirmative determination of critical circumstances, the suspension of liquidation retroactively applies to all unliquidated entries of merchandise entered, or withdrawn from warehouse for consumption, up to 90 days before the date on which suspension of liquidation was first ordered.
Suspension of liquidation in this case was first ordered on Feb. 20, the date of Commerce’s preliminary determination.
Starting Tuesday, Commerce is collecting cash deposits ranging from 21.88 percent to 27.09 percent for individual respondents and of 360.3 percent for the China-wide entity.
By the end of Aug. 31, the International Trade Commission will determine whether the domestic U.S. industry is materially injured or threatened with material injury because of imports of cast iron soil pipe fittings from China or sales for importation of those imports from China.
If the ITC determines such injury doesn’t exist, the case will be terminated and all cash deposits will be refunded.
If the ITC determines injury, Commerce will issue an AD order directing CBP to assess, upon further Commerce instruction, AD duties on all imports of subject merchandise entered or withdrawn from warehouse for consumption on or after Feb. 20.
The period for the AD investigation is Jan. 1, 2017, to June 30, 2017.
Commerce issued its final affirmative CV duty determination for imports of cast iron soil pipe from China last Wednesday. The period of that investigation covered the full year of 2016.
In that case, Commerce determined estimated countervailable subsidy rates ranging from 7.37 percent to 133.94 percent for individual respondents and all others.
The ITC is due to make its final determination for that case by the end of Aug. 25.