Commerce Affirms AD/CVD Duties on Foreign Cold Rolled

For the purpose of AD investigations, dumping occurs when a foreign company sells a product in the United States at less than its fair value. For the purpose of CVD investigations, a countervailable subsidy is financial assistance from a foreign government that benefits the production of goods from foreign companies and is limited to specific enterprises or industries, or is contingent either upon export performance or upon the use of domestic goods over imported goods.

In the Brazil AD investigation, Commerce found that dumping has occurred by mandatory respondent Companhia Siderurgica Nacional at a dumping margin of 14.43 percent. The second mandatory respondent, Usiminas Siderurgicas de Minas Gerais (Usiminas), did not respond to all of Commerce’s requests for information, and therefore Commerce calculated a final dumping margin based on adverse facts available of 35.43 percent. Commerce calculated a final dumping margin of 14.43 percent for all other producers/exporters in Brazil.

In the India AD investigation, Commerce found that dumping has occurred by mandatory respondent JSW Steel Limited/JSW Coated Products Limited at a dumping margin of 7.60 percent. Commerce calculated a final dumping margin of 7.60 percent for all other producers/exporters in India.

In the Korea AD investigation, Commerce found that dumping has occurred by mandatory respondents POSCO/Daewoo International Corporation and Hyundai Steel Corporation at dumping margins of 6.32 percent and 34.33 percent, respectively. Commerce calculated a final dumping margin of 20.33 percent for all other producers/exporters in Korea.

In the Russia AD investigation, Commerce found that dumping has occurred by mandatory respondents Joint Stock Company Severstal and Novolipetsk Steel OJSC at dumping margins of 13.36 percent and 1.04 percent (de minimis), respectively. Commerce calculated a final dumping margin of 13.36 percent for all other producers/exporters in Russia.

In the United Kingdom AD investigation, Commerce found that dumping has occurred by mandatory respondents Caparo Precision Strip, Ltd./ Liberty Performance Steels Ltd. (Commerce determined that Liberty Performance Steels Ltd. is the “successor-in-interest” to Caparo Precision Strip, Ltd.) and Tata Steel UK Ltd. at dumping margins of 5.40 percent and 25.56 percent, respectively. Commerce calculated a final dumping margin of 22.92 percent for all other producers/exporters in United Kingdom.

In the Brazil CVD investigation, Commerce calculated a final subsidy rate of 11.31 percent for Companhia Siderurgica Nacional and a final subsidy rate of 11.09 percent for Usiminas. Commerce calculated a final subsidy rate of 11.20 percent for all other producers/exporters in Brazil.

In the India CVD investigation, Commerce calculated a final subsidy rate of 10.00 percent for mandatory respondent JSW Steel Limited and its cross-owned affiliate JSW Coated Products Limited. Commerce calculated a final subsidy rate of 10.00 percent for all other producers/exporters in India.

In the Korea CVD investigation, Commerce calculated a final subsidy rate of 3.91 percent for mandatory respondent Hyundai Steel Co., Ltd. The second mandatory respondent, POSCO, was unable to confirm certain key elements of its response when the Commerce team conducted verification at its headquarters in Korea. Therefore, Commerce calculated a subsidy rate based on adverse facts available of 58.36 percent. Commerce calculated a final subsidy rate of 3.91 percent for all other producers/exporters in Korea.

In the Russia CVD investigation, Commerce calculated a final subsidy rate of 6.95 percent for mandatory respondents Novolipetsk Steel OJSC (NLMK), Novex Trading, Altai-Koks OJSC, Dolomite OJSC, Stoilensky OJSC, Studenovskaya (Stagdok) OJSC, Trading House LLC, Vtorchermet NLMK LLC, Vtorchermet OJSC, and Vtorchermet NLMK Center LLC (collectively, the NLMK Companies). Additionally, Commerce calculated a de minimis final subsidy rate of 0.62 percent for PAO Severstal, Severstal Export GmbH, JSC Karelsky Okatysh, AO OLKON, AO Vorkutaugol, and JSC Vtorchermet (collectively, the Severstal Companies). Commerce also calculated a final subsidy rate of 6.95 percent for all other producers/exporters in Russia.

As a result of the affirmative final AD determinations, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits equal to the applicable weighted-average dumping margins, except where these rates are zero or de minimis. Further, as a result of the affirmative final CVD determination, if the U.S. International Trade Commission (ITC) issues an affirmative injury determination, Commerce will order the resumption of the suspension of liquidation and will require cash deposits for CVD duties equal to the final subsidy rates established during the investigation. Commerce will also adjust the AD cash deposit rates by the amount of the CVD export subsidies, where appropriate. If the ITC issues negative injury determinations, the investigations will be terminated and no producers or exporters will be subject to future cash deposits for either AD or CVD duties. In such an event, all previously collected cash deposits will be refunded.

Commerce found that critical circumstances exist with respect all other producers/exporters from Russia in the preliminary determination of the AD investigation, and continues to do so in the final determination. Where critical circumstances were found, CBP will be instructed to impose provisional measures retroactively on entries of cold-rolled steel effective 90 days prior to publication of the preliminary determinations in the Federal Register.

Source: US Department of Commerce