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June 7, 2019

New Antidumping and Countervailing Duty Petitions on Collated Steel Staples from China, Korea, and Taiwan

Jared Angle, Richard Ferrin, Douglas Heffner
Faegre Drinker Biddle & Reath LLP
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Kyocera Senco Industrial Tools, Inc. (“petitioner”), on June 6, 2019, filed antidumping (AD) petitions on imports of certain collated steel staples from China, Korea, and Taiwan and a countervailing duty (CVD) petition on imports of certain collated steel staples from China.

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 collated steel staples.

Scope

The scope of this investigation is certain collated steel staples. Certain collated steel staples subject to this proceeding are made from steel wire having a nominal diameter from 0.0345 inch to 0.0830 inch, inclusive, have a nominal leg length from 0.25 inch to 3.0 inches, inclusive, and a nominal crown width from 0.187 inch to 1.125 inch, inclusive.
Certain collated steel staples may be manufactured from any type of steel, and are included in the scope of the investigation regardless of whether they are uncoated or coated, and regardless of the type or number of coatings, including but not limited to coatings to inhibit corrosion.

Certain collated steel staples may be collated using any material or combination of materials, including but not limited to adhesive, glue, and adhesive film or adhesive or paper tape.

Certain collated steel staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM F1667-17, but can also be made to other specifications. Regardless of any applicable specification, 'however, all certain collated steel staples exhibiting the physical characteristics of the written scope description are included in the scope.

Certain collated steel staples subject to this investigation are currently classifiable under subheading 8305.20.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheading is provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive.

Alleged Dumping Margins

The petitioner alleges the following dumping margins:

  • China: 119.68 percent to 122.92 percent
  • Korea: 10.23 percent to 14.25 percent
  • Taiwan: 47.35 percent

Estimated Schedule of Investigations

  • June 6, 2019 – Petition is filed
  • June 26, 2019 – DOC initiates investigation
  • June 27, 2019 – ITC staff conference
  • July 22, 2019 – Deadline for ITC preliminary injury determinations
  • August 30, 2019 – Deadline for DOC preliminary CVD determination, if not postponed
  • November 4, 2019 – Deadline for DOC preliminary CVD determination, if fully postponed
  • November 13, 2019 – Deadline for DOC preliminary AD determination, if not postponed
  • January 2, 2020 – Deadline for DOC preliminary AD determination, if fully postponed
  • May 18, 2020 – Deadline for DOC final AD determinations, if both preliminary and final determinations are fully postponed
  • July 1, 2020 – Deadline for ITC final injury determinations, assuming fully postponed DOC deadlines

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Faegre Drinker Biddle & Reath LLP

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Faegre Drinker Biddle & Reath LLP
Faegre Drinker Biddle & Reath LLP
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Jared Angle
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Richard Ferrin
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Douglas Heffner
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Anti-Dumping Duty
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China
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Countervailing Duties
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Customs and Border Protection
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Imports
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Manufacturers
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Subsidies
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