New anti-dumping and countervailing duty petitions on carbon and alloy steel seamless pressure standards, pipelines and pipes | Faegre Drinker Biddle & Reath LLP

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On July 8, 2020, Vallourec Star, LP filed anti-dumping (AD) motions on standard tubes, pipes and pressures in seamless carbon and alloy steel (SSLPP) from the Czech Republic, Korea, Russia and from Ukraine, as well as a countervailing duty (CVD) petition on the SSLPP from Korea and Russia. In addition to petitioner Vallourec Star, the petitions are also supported by United States Steel Corporation.

The US anti-dumping law imposes special tariffs to thwart imports that are sold to the United States at a price below “normal value”. The US countervailing duty law imposes special tariffs to thwart imports that are sold to the United States with the benefit of subsidies from foreign governments. In order for anti-dumping / countervailing duties to be imposed, the United States government must determine not only that there is dumping and / or subsidization, but also that there is “material injury” (or threat of injury) as a result. dumped and / or subsidized imports. Importers are liable for any potential anti-dumping / CVD duty imposed. In addition, these surveys could impact buyers by increasing prices and / or decreasing the supply of SSLPP.

Scope

By petition:

The goods covered by the scope of these investigations are seamless pipe of carbon steel and alloy steel (other than stainless steel) and re-drawn hollows, with an outside diameter of 16 inches or less (406.4 mm), regardless of wall thickness, manufacturing process (e.g. hot finished or cold drawn), end finish (e.g. smooth end, bevel end, reverse end, threaded or threaded and coupled ) or surface finish (for example, bare, lacquered or coated). Redrawing troughs are any unfinished carbon steel or alloy pipe (other than stainless steel) or “hollow channels” suitable for cold finishing operations, such as cold drawing, to meet the requirements. American Society for Testing and Materials (“ASTM”) or the American Petroleum Institute (“API”) specifications referenced below, or comparable specifications. Specifically included in the scope are seamless carbon and alloy steel (other than stainless steel) standard, line and pressure pipes produced to ASTM A-53, ASTM A-106, ASTM A -333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024 and API 5L specifications, or comparable specifications, and meeting the physical parameters described above, regardless of the application, with the exception of the exclusions described below.

Specifically excluded from the scope of the surveys are: (1) all hoses meeting the specifications for aerospace, hydraulic and load bearing tubes; (2) all pipes meeting the chemical requirements of ASTM A-335, whether finished or not; and (3) unattached couplings. Also excluded from the scope of the investigation are all mechanical, boiler, condenser and heat exchange tubes, except when these products meet the dimensional requirements, i.e. outside diameter and thickness. wall, ASTM A-53, ASTM A-106 or API. Specifications 5L.

The standard, line and seamless pressure pipe in question are normally entered under HTSUS 7304.19.1020, 7304.19.1030, 7304.19.1045, 7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050, 7304.39.0016 , 7304.39.0020, 7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 7304.39.0068 .0072, 7304.51. 5005, 7304.51.5060, 7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020, 7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.8020, 7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, 7304.59.80 7304.59.8060, 7304.59.8065, 7304.59.8070. HTSUS captions and specifications are provided for convenience and customs purposes; the written description of the scope is decisive.

Estimated dumping margins

  • Czech Republic: 48.18% to 49.24%
  • Korea: 119.07% to 132.16%
  • Russia: 30.31% to 246.31%
  • Ukraine: 40.28% to 40.44%

Estimated survey schedule

The following is an estimated schedule of investigations conducted by the United States Department of Commerce (DOC) and the United States International Trade Commission (ITC):

  • July 8, 2020 – The petition is filed
  • July 28, 2020 – DOC opens investigation
  • July 29, 2020 – ITC Staff Conference (estimate)
  • August 24, 2020 – Deadline for the ITC’s preliminary injury determination
  • October 1, 2020 – Deadline for preliminary DOC countervailing duty determinations, if deadlines are NOT extended
  • December 7, 2020 – Deadline for preliminary DOC countervailing duty determinations, if deadlines are fully extended
  • December 15, 2020 – Deadline for DOC preliminary anti-dumping determinations, if deadlines are NOT extended
  • February 3, 2021 – Deadline for DOC preliminary anti-dumping determinations, if deadlines are fully extended
  • June 18, 2021 – Deadline for final DOC AD and CVD determinations, if all deadlines are fully extended
  • August 2, 2021 – Deadline for final ITC injury determination, if all DOC deadlines are fully extended

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