Trade Cases

Corrosion Resistant Preliminary Determination Delayed Until December 21st

Written by John Packard

The U.S. Department of Commerce has postponed the Preliminary Determination of the Corrosion Resistant antidumping trade suit (CORE) filed against India, Italy, China, South Korea and Taiwan. Commerce has delayed the announcement by 41 days, to December 21, 2015.

The Federal Register published the details about the postponement which was due to the case being “extraordinary complicated.” At the same time all of the parties involved are working with the U.S. government to resolve the issues in question (selling below home market prices/cost to produce and subsidies being provided by the home government). Here is part of what was published in the Federal Register:

“…The Department determines that the parties involved in these corrosion resistant steel AD investigations are cooperating, and that the investigations are extraordinarily complicated. Additional time is required to analyze the questionnaire responses and issue appropriate requests for clarification and additional information.

Therefore, in accordance with section 733(c)(1)(B) of the Act and 19 CFR 351.205(f)(1), the Department is postponing the time period for the preliminary determinations of these investigations by 41 days, to December 21, 2015. Pursuant to section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date.”

Steel Market Update contacted trade attorney Lewis Liebowitz and asked if he had any insights into the postponement or the status of the Critical Circumstances request which is also part of the CORE trade case.

He told us that a postponement is not unusual and that this probably is a very complicated case for Commerce (which he described as being short-staffed) to go through all of the documents and make a Preliminary Determination. He told us that the Critical Circumstances would most likely be announced at the same time as the Preliminary Determination which he said would be the day after the vote (or December 22nd).

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