Trade Law Daily is a Warren News publication.

Cold-Rolled Steel: Commerce Issues Final AD Duty Determinations for China, Japan

The Commerce Department issued its final determinations in the antidumping duty investigations on cold-rolled steel flat products from Japan (A-588-873) and China (A-570-029) (here). The agency made changes to cash deposit requirements for these countries that will take effect for subject merchandise entered on or after May 24.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

The next step is for the International Trade Commission to make its final injury determination, currently scheduled for June 30. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.

Commerce also found illegal subsidization in its concurrent countervailing duty investigation on cold-rolled steel from China (see 1605230017). The agency's final determinations in the countervailing duty investigations on cold-rolled steel flat products from Brazil, India and Russia, and the antidumping duty investigations on India, Brazil, South Korea and the United Kingdom, are due July 13.

Critical Circumstances for China, Some in Japan; Cash Deposits Retroactive 90 Days

Commerce continued to find that all Chinese companies, as well as the Japanese companies JFE Steel Corporation and Nippon Steel & Sumitomo Metal Corporation, increased their exports to the U.S. in the run up to 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 all subject merchandise from China, and subject merchandise from Japan from JFE and Nippon Steel, back to 90 days before the preliminary determination, i.e. Dec. 8, 2015. Commerce made no such finding for all other Japanese companies (i.e., all except JFE and Nippon Steel), so suspension of liquidation only applies for those countries for entries on or after March 7.

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation of subject uncoated paper and require an AD duty cash deposit equal to the following AD rates:

China.

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

Japan.

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

*As adjusted for export subsidies found in the preliminary CV duty determination on cold-rolled steel from China. The period for suspension of liquidation and collection of cash deposits in these CV duty investigations expired April 20. The adjusted rate will only apply if CV duty suspension of liquidation and the collection of CV duty cash deposits is reinstated through a CV duty order.

(The period of investigation is 07/01/14 -- 06/30/15 for Japan, and 01/01/15 --06/30/15 for China. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 1603040022 for summary of the preliminary AD duty determinations.)