Trade Cases

Flat Rolled Trade Suits Update
Written by John Packard
November 12, 2015
Steel Market Update (SMU) is constantly being asked to provide details as to the status of the hot rolled, cold rolled and corrosion resistant (CORE) antidumping and countervailing duty trade suits. This article is a follow up to an earlier article originally published on August 18, 2015.
The real action is beginning with the US Department of Commerce announcing both the critical circumstances decision and preliminary determination on countervailing duties (CVD) on corrosion resistant steels over the past 10 days. We will continue to see preliminary determination and critical circumstances announcements over the next few months. Here is the status of each investigation as of today, November 12, 2015:
CORE – Corrosion Resistant Steels (Galvanized/Galvalume, etc.)
Original Filing Date: June 3, 2015
Countries Affected: China, India, Italy, South Korea, Taiwan
Last week the U.S. Department of Commerce announced the first preliminary determination for countervailing duties on corrosion resistant steels (galvanized, aluminized, Galvalume, etc.). The announcement came a few days after US DOC announced their decision on critical circumstances on CORE as well. Duties will begin to be collected based on the date of the publication (November 5, 2015) of the CVD preliminary determination in the Federal Register.
Those countries/mills who were hit with critical circumstances will have to post CVD duties on steel which arrived into the United States 90 days prior to the date of publication. We calculated that date to be August 8, 2015. Those who were not hit with critical circumstances but were hit with duties in the countervailing duty preliminary determination phase will have to post duties for anything arriving on, or after, the publication date (November 5, 2015).
Critical Circumstances found (10/30/2015) on steel from: China, South Korea, Italy and India. Taiwan was found to not have any Critical Circumstances involved in their shipments.
Next Important Date: December 21, 2015, Preliminary Determination for Antidumping (AD) to be made by US Department of Commerce. The AD announcement will determine if the domestic steel industry has suffered “material injury” by the countries named in the trade suit. This will be the first time the new “level the playing field” language passed by the U.S. Congress will be used in a flat rolled trade case. Everyone is waiting with baited breath for this ruling (and the Final Determination to be made by the ITC commissioners next year).
If Antidumping is found those countries hit with Critical Circumstances will have to post duties for receipts of CORE products 90 days prior to the publication of the AD preliminary determination in the Federal Register.
Cold Rolled AD/CVD Trade Suit:
Original Filing Date: July 28, 2015
Countries Affected: China, Brazil, India, Japan, South Korea, the Netherlands, Russia, United Kingdom (UK was removed from suit by US DOC when they ruled that the investigation should move forward)
Next Important Dates:
Preliminary Determination for Countervailing Duties (CVD): December 15, 2015.
Preliminary Determination for Antidumping (AD): January 4, 2016 (this can be extended).
Critical Circumstances filed on October 30, 2015. CC announcement will be made prior to any of the Preliminary Determinations being announced.
Hot Rolled AD/CVD Trade Suit:
Original Filing Date: August 11, 2015
Countries Affected: Australia, Brazil, Japan, South Korea, the Netherlands, Turkey, United Kingdom
Next Important Dates:
Preliminary Determination on Countervailing Duties (CVD): Was extended to January 8, 2016 in a notice published on October 21, 2015 in the Federal Register.
Preliminary Determination on Antidumping (AD): January 18, 2016 (this can be extended).
Critical Circumstances filed on October 23, 2015.

John Packard
Read more from John PackardLatest in Trade Cases

Leibowitz: With ‘reciprocal’ tariffs struck down again in court, what happens next?
President Trump’s “reciprocal” tariffs under the International Emergency Economic Policy Act (IEEPA) were struck down again, this time on Aug. 29 by the Court of Appeals for the Federal Circuit (CAFC). The legal and policy mess continues, with the next stop being the US Supreme Court.

Market unfazed by US circuit court’s IEEPA decision
Repealing any reciprocal tariffs placed by President Donald Trump on US imports of direct reduced iron (DRI), iron ore, hot-briquetted iron (HBI), and pig iron would have only a nominal impact on the US steel market, market participants said.

ITC votes to keep HR duties after sunset review
The US government determined this week that hot-rolled steel imports from a handful of countries continue to threaten the domestic steel industry.

Steel Summit: Zekelman advocates for ‘Fortress North America’
Barry Zekelman has a unique vantage point from which to view today’s trade landscape. A Canadian national who owns operations in both the US and Canada, he has also had dialogue with both Canadian and American administrations.

Steel Summit: Execs urge clarity on trade/tariff policy, want stronger USMCA
Tariff policy dominated the discussion of the SMU Steel Summit trade panel on Tuesday afternoon. The message was clear: uncertainty is rattling the steel supply chain.