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Cold-Rolled Steel: Prelim AD Cash Deposit Rates Take Effect, Retroactive for Some

The Commerce Department made preliminary affirmative antidumping duty determinations that cold-rolled steel flat products from China (A-570-029) (here), India (A-533-865) (here), Brazil (A-351-843) (here), Japan (A-588-873) (here), South Korea (A-580-881) (here) and the United Kingdom (A-412-824) (here) are being sold in the U.S. at less than fair value. The agency will impose AD duty cash requirements on entries of subject merchandise beginning on March 7, except for some companies from Japan and all countries from China that will face retroactive AD duty cash deposit requirements beginning Dec. 8, 2015.

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Commerce suspended liquidation and imposed countervailing duty cash deposit requirements on cold-rolled steel flat products from Brazil, India, China and Russia in a CV preliminary determination issued in December (see 1512210017). Cold-rolled steel flat products from South Korea are also subject to a CV duty investigation, but Commerce found no illegal subsidization in its preliminary CV duty determination.

(NOTE: Commerce also made a preliminary affirmative AD duty determination on cold-rolled steel from Russia, but did not send the notice to the Federal Register for publication alongside its other preliminary determinations on cold-rolled steel. AD duty cash deposit requirements for Russia will take retroactive effect 90 days prior to when the notice is published. International Trade Today will provide details upon publication.)

Critical Circumstances for Some, Cash Deposits Retroactive 90 Days

Commerce made a finding that all companies in China, and some in Japan, increased their exports to the U.S. in the months before this the preliminary determination, in an attempt to get in as much product as possible before the imposition of cash deposit requirements. This "critical circumstances" finding by the agency allows it to retroactively suspend liquidation and require AD duty cash deposits for subject merchandise for some companies to 90 days before the preliminary determination, i.e. Dec. 8, 2015. Merchandise from all other companies is subject to AD duty suspension of liquidation beginning March 7.

AD Suspension of Liquidation and Cash Deposit Requirements

Commerce will instruct CBP to suspend liquidation for all entries of subject merchandise that are entered, or withdrawn from warehouse, on or after the dates listed in the tables below, and require cash deposits at the following rates (as adjusted for export subsidies found in Commerce's CV duty preliminary determination):

China.

ExporterAD RateAdjustedSus. Liq.
China-Wide Entity (Includes all Chinese companies)265.79%199.76%12/08/15

India.

CompanyAD RateAdjustedSus. Liq.
JSW Steel Limited/ JSW Coated Products Limited6.78%4.86%03/07/16
All Others6.78%4.86%03/07/16

Brazil.

CompanyAD RateAdjustedSus. Liq.
Companhia Siderurgica Nacional38.93%34.8%03/07/16
Usinas Siderurgicas de Minas Gerais S.A.(Usiminas)38.93%35.11%03/07/16
All Others38.93%34.95%03/07/16

Japan.

CompanyAD RateSus. Liq.
JFE Steel Corporation71.35%12/08/15
Nippon Steel & Sumitomo Metal Corporation71.35%12/08/15
All Others71.35%03/07/16

South Korea.

CompanyAD RateSus. Liq.
Hyundai Steel Company2.17%03/07/16
POSCO and Daewoo International Corporation6.89%03/07/16
All Others4.53%03/07/16

United Kingdom.

CompanyAD RateSus. Liq.
Caparo Precision Strip, Ltd.5.79%03/07/16
Tata Steel UK Ltd.31.39%03/07/16
All Others28.03%03/07/16

(The period of investigation is 07/01/14 - 06/30/15, except for China, where it's 01/01/15 - 06/30/15. See Commerce's notice for more information, including the scope (as amended), suspension of liquidation, etc. See 1508210011 for summary of the initiation of this AD duty investigation, and 1508120013 for summary of the underlying petition.)

(Federal Register 03/07/16)