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

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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About this Author

Douglass Heffner, International trade lawyer, Drinker Biddle
Partner

Douglas J. Heffner litigates customs and international trade matters including antidumping duty, countervailing duty and safeguard cases. He represents foreign companies in Canada, Europe, Japan and Mexico, as well as domestic producers in industries that range from high-tech to heavy industry, to consumer and industrial goods. He also represents trade associations, government agencies and embassies in a broad range of matters.

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Richard P Ferrin, International Trade Lawyer, Drinker Biddle
Counsel

Richard P. Ferrin advises clients about international trade regulations, particularly antidumping and countervailing duty proceedings at both the administrative and appellate levels. He advocates for his client in global “safeguards” proceedings and on customs matters involving classification issues and country-of-origin determinations. Richard has represented foreign manufacturers, foreign exporters, and U.S. importers in antidumping and countervailing duty proceedings before the U.S. International Trade Commission, and in judicial review of administrative actions at the U.S. Court of International Trade, U.S. Court of Appeals for the Federal Circuit and North American Free Trade Agreement binational panels. In addition, Richard advises importers on how to minimize antidumping duty liability.

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Jared A. Angle Drinker Biddle Law Firm
International Trade Analyst

Jared A. Angle brings a wealth of experience in international trade policy and compliance issues, including antidumping/countervailing duty investigations, Department of Commerce verifications, and Section 201, 232 and 301 investigations. He provides deep analyses of trade matters for clients, leveraging his strong background in international affairs research and economics. Jared has worked with government agencies such as the U.S. International Trade Commission, Department of Commerce and U.S. Trade Representative, as well as major chemicals and...

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