Worthington Industries (petitioner), on March 27, 2020, filed antidumping (AD) and countervailing duty (CVD) petitions on imports of certain non-refillable steel cylinders from China. The petition identifies 15 Chinese producers and 19 U.S. importers.
The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” The U.S. CVD law imposes special tariffs to counteract imports that are sold in the United States with the benefit of foreign government subsidies. For AD/CVD duties to be imposed, the U.S. government must determine not only that dumping and/or subsidies are occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped and/or subsidized imports. Importers are liable for any potential AD/CVD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of certain non-refillable steel cylinders.
Per the petition:
The merchandise covered by these petitions is certain non-refillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation (“USDOT”) Specifications 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (“non-refillable steel cylinders”). The subject non-refillable steel cylinders are portable and range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and may be filled or unfilled at the time of importation.
Specifically excluded are seamless non-refillable steel cylinders.
Also excluded from the scope of these petitions are non-refillable steel cylinders filled at the time of importation whose content is subject to another antidumping and/or countervailing duty order. At the time of filing this petition, there are existing antidumping duty orders on Hydrofluorocarbon Blends from the People’s Republic of China and 1,1,1,2-Tetrafluoroethane (R-134A) from the People’s Republic of China. See Hydrofluorocarbon Blends from the People’s Republic of China: Antidumping Duty Order, 81 Fed. Reg. 55,436 (Dep’t Commerce Aug. 19, 2016); 1,1,1,2 Tetrafluoroethane (R-134a) from the People’s Republic of China: Antidumping Duty Order, 82 Fed. Reg. 18,422 (Dep’t Commerce Apr. 19, 2017). In the case of non-refillable steel cylinders entering the United States filled with merchandise covered by the scope of these orders or future antidumping and/or countervailing duty orders covering the gas or material content of the non-refillable steel cylinders, such other orders control. In the case of non-refillable steel cylinders entering the United States filled with merchandise not covered by the scope of any other antidumping and/or countervailing duty order, the scope of this petition controls.
The merchandise subject to these petitions is properly classified under statistical reporting numbers 7311.00.0060 and 7311.00.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). The merchandise may also under HTSUS statistical reporting number 7310.29.0025. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive.
Alleged Dumping Margins
The petitioner alleges a dumping margin of 60.78 percent.
Estimated Schedule of Investigations
- March 27, 2020 — Petition is filed
- April 16, 2020 — DOC initiates investigation
- April 17, 2020 — ITC staff conference
- May 11, 2020 — Deadline for ITC preliminary injury determinations
- June 22, 2020 — Deadline for DOC preliminary CVD determination, if not postponed
- August 24, 2020 — Deadline for DOC preliminary CVD determination, if fully postponed
- September 3, 2020 — Deadline for DOC preliminary AD determination, if not postponed
- October 23, 2020 — Deadline for DOC preliminary AD determination, if fully postponed
- March 7, 2021 — Deadline for DOC final AD and CVD determinations, if both preliminary and final determinations are fully postponed
- April 21, 2021 — Deadline for ITC final injury determinations, assuming fully postponed DOC deadlines
For further information, contact Douglas J. Heffner, Richard P. Ferrin, or any other member of the Customs and International Trade Team.