Petition Summary: Active Anode Material from The People’s Republic of China

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On December 18, 2024, American Active Anode Material Producers (“AAAMP” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of Active Anode Material from the People’s Republic of China (“China”). If the petition is successful, there could be significant implications for a broad range of battery manufacturers and battery consumers.

The AD/CVD investigations will now proceed before the U.S. International Trade Commission (ITC) and Commerce. The ITC will determine whether the domestic solar cell and module industry is suffering material economic injury by reason of subject imports. Commerce will determine whether, and if so, to what extent, the imports are being dumped and/or subsidized. As reflected in the detailed schedule below, these cases will move quickly. Preliminary duty deposits will be imposed if Commerce and the ITC both make affirmative preliminary determinations, with a possibility for retroactive duties if there is a surge in imports in response to the petition being filed. We provide below our current estimates for the timing of potential duties in both the AD and CVD proceedings.

SCOPE OF THE INVESTIGATION

The following language describes the imported merchandise from China:

Active anode material, whether synthetic, natural, or a blend of synthetic or natural; with or without coating; regardless of whether in powder, dry, liquid, or any other form. Subject merchandise typically has a maximum size of 80 microns. Subject merchandise has an energy density of 330 milliamp hours per gram or greater and a degree of graphitization of 80% or greater. Subject merchandise can be referred to as “active anode material.”

Subject merchandise is covered regardless of whether it is mixed with silicon based active materials, e.g., silicon-oxide (SiOx), silicon-carbon (SiC), or silicon, or additives such as carbon black or carbon nanotubes. Subject merchandise is covered regardless of the combination of compounds that comprise the graphite material; the graphite contained in the subject merchandise has a minimum purity content of 90% carbon. Subject merchandise is covered regardless of whether it is imported independently, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode. Only the anode grade graphite material is covered when entered as part of a mixture with silicon based active materials, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode.

Active anode material subject to the investigations may be classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2504.10.5000 and 3801.10.5000. Subject merchandise may also enter under HTSUS subheading 3801.90.0000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.

 

PETITIONER

American Active Anode Material Producers

Anovion Technologies

2050 Cory Dr.

Sanborn, NY 14132

(202) 452-7934

Syrah Technologies LLC

2001 D A Biglane Rd.

Vidalia, LA 71373

(202) 452-7934

NOVONIX Anode Materials LLC

1029 West 19th Street

Chattanooga, TN 37408

(202) 452-7934

Epsilon Advanced Materials

5060 Andrew Jackson Hwy NE

Leland, NC 28451

(202) 452-7934

SKI US, Inc.

1800 West Oak Commons Court

Marietta, GA 30062

(202) 452-7934

 

COUNSEL FOR PETITIONER

Buchanan Ingersoll & Rooney, PC

1700 K Street, NW

Washington, DC 20006

202-452-7900

 

NAMED PRODUCERS/EXPORTERS

For a list of foreign producers/exporters alleged by Petitioner, please see Attachment I.

 

NAMED IMPORTERS

For a list of importers alleged by the Petitioner, please see Attachment II.

 

ESTIMATED SCHEDULE

Below is an estimated schedule. Please note that the Commerce Department deadlines are likely to be extended for both the AD and CVD investigations as authorized by statute.

Event Earliest Date Extended Date
Petition Filed December 17, 2024  
DOC Initiation January 6, 2025  
     
ITC Preliminary Investigation:    
Questionnaires Due December 31, 2024  
Request to appear at hearing January 5, 2025  
Hearing January 7, 2025  
Briefs January 12, 2025  
ITC Vote January 31, 2025  
     
DOC Investigation Schedule:    
DOC Preliminary Antidumping Determination May 26, 2025 July 15, 2025
DOC Final Antidumping Determination August 9, 2025 November 27, 2025
DOC Preliminary Countervailing Determination March 12, 2025 May 16, 2025
DOC Final Countervailing Determination May 26, 2025 July 30, 2025 (could be aligned with final AD determination)(
     
ITC Final Investigation:    
ITC Final AD Determination September 23, 2025 January 11, 2025
ITC Final CVD Determination July 10, 2025 September 13, 2025

ALLEGED DUMPING MARGINS

China: 828% – 921%

Periods of Investigation: The antidumping duty period of investigation will be April 1, 2024, through September 30, 2024. The countervailing duty period of investigation will be January 1, 2023 through December 31, 2023.

ALLEGED COUNTERVAILING DUTY MARGINS

Above de minimis.

ALLEGED SUBSIDIES

For a list of alleged subsidies the Petitioner, please see Attachment III.

IMPORTS OF SUBJECT MERCHANDISE

  2021 2022 2023 2023 (Year through 3rd QTR) 2024 (Year through 3rd QTR)
China          
Volume (kilograms) 60,988,257 103,508,617 84,290,595 66,630,907 70,049,715
Import Value (USD) 172,042,741 404,494,837 374,478,037 288,711,910 263,675,355
AUV (USD/kilograms) 2.820 3.907 4.442 4.333 3.764

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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.

© Husch Blackwell LLP

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