Trade Cases
Domestic Steel Mills File Extension Request in Countervailing Duty Case on Coated Steels
Written by John Packard
August 4, 2015
On June 3rd Nucor, US Steel, ArcelorMittal USA, AK Steel, Steel Dynamics and California Steel filed antidumping and countervailing duty petition against China, Taiwan, India, South Korea and Italy on corrosion-resistant steels. To put this into layman’s terms the domestic mills filed a dumping (AD) and CVD suit on producers of galvanized and Galvalume (zinc-aluminum) products.
There are provisions in the law that allow for the petitioners to request an extension of the preliminary determination findings which are currently scheduled for August 27th. Submissions have to be made 25 days prior to the August 27th deadline.
The steel mills have filed for an extension on the preliminary determination of the countervailing duty portion of the coated steels trade case. They have not (yet) filed for an extension on the antidumping portion of the case. The AD preliminary determination date is currently October 16th although our legal sources are advising that it too could be extended when the time comes (mid-September).
To grant an extension the Department of Commerce must find that:
1) The case is extraordinarily complicated.
2) The respondents appear to be cooperating with the investigation.
The mills provided the following reasoning for their request, “The extensions are needed because respondents have not yet been selected in some investigations, and in each investigation the number of subsidy allegations is substantial. Additionally, it would be desirable to have all the preliminary determinations fall on the same day, to facilitate investigation by the International Trade Commission.”
The mills have asked for the maximum amount of time to be extended which would move the preliminary determination on the CVD suit from August 27th to November 2nd.
The mills have asked for a ruling of Critical Circumstances which, if found, would mean that duties would be collected on material arriving into the U.S.A. 90 days prior to the publication of the preliminary determination.
We spoke with a trade attorney on the subject who told us that these filings are normal in trade cases as they are extremely complicated due to the number of products, countries and who should be selected to respond to the petition.
We will continue to follow all of the flat rolled steel trade cases closely and we encourage those who are interested to attend our Steel Summit Conference where you will get to see a very strong panel on the subject with Kevin Dempsey of the AISI, Richard Chriss of the AIIS and Lewis Leibowitz who is a trade attorney with The Law Office of Lewis E Leibowitz.
Many of our speakers have committed to staying at the conference for an extended period of time so that our attendees can interact with them on a one-on-one basis.
John Packard
Read more from John PackardLatest in Trade Cases
Leibowitz: Renewed trade war with China over rare earths
On Oct.10, President Trump announced major increases in tariffs on Chinese goods. The trigger was a new regime of export controls on rare earth metals and products using those elements, including magnets, capital equipment, and catalysts for catalytic converters in cars and trucks.
Industry piles on new Section 232 steel derivative inclusion requests
The Department of Commerce received 97 submissions from producers, manufacturers, and groups seeking Section 232 tariff coverage for steel and aluminum derivative products.
Price on Trade: New EU steel tariffs don’t mean the US should weaken its stance
Any steel imports into the EU that exceed the new, lower quota level would be subject to a 50% tariff, which represents a major increase from the EU’s current 25% out-of-quota tariff. This move would largely align the EU’s steel tariff rate with Canada and the United States.
Global steel forum sets 2026 framework deadline as US ups pressure on excess capacity
Global steelmakers sounded the alarm Friday over the deepening excess steelmaking capacity crisis. Ministers at the Global Forum on Steel Excess Capacity (GFSEC) in Gqeberha, South Africa, pledged to...
CRU: China’s indirect steel exports find new destination markets
The boom in China’s direct steel exports has not stopped this year, even with a rise in protectionist measures globally. The increase is driven by...