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New Antidumping Petition on Sodium Sulfate Anhydrous from Canada

Cooper Natural Resources, Inc., Elementis Global LLC, and Searles Valley Minerals (“petitioners”), on March 27, 2019, filed an antidumping (AD) petition on imports of sodium sulfate anhydrous from Canada.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of sodium sulfate.

Scope

The scope of this investigation covers sodium sulfate (Na2SO4) (CAS Number 7757-82-6) that is anhydrous (i.e., containing no water), regardless of purity, grade, color, production method, and form of packaging, in which the percentage of particles between 20 mesh and 100 mesh, based on U.S. mesh series screens, ranges from 10-95% and the percentage of particles finer than 100 mesh, based on U.S. mesh series screens, ranges from 5-90%.

Excluded from the scope of this petition are specialty sodium sulfate anhydrous ("SSA") products, which are products whose particle distributions fall outside the described ranges. Glauber's salt (Na2SO4 · 10H2O ), also known as sodium sulfate decahydrate, an intermediate product in the production of SSA that has no known commercial uses, is not included within the scope of the petition, although some end-users may mistakenly refer to SSA as Glauber's Salt. Other forms of sodium sulfate that are hydrous (i.e., containing water) are also excluded from the scope of the petition.

The merchandise subject to this investigation is classifiable under Harmonized Tariff Schedule of the United States ("HTSUS") subheading 2833.11.50.10 (sodium sulfates, disodium sulfate, other, anhydrous). Subject merchandise may also be classified under 2833.11.10.00 (sodium sulfates, disodium sulfate, salt cake), and 2833.11.50.50 (sodium sulfates, disodium sulfate, other, other), and 2833.19.00.00 (sodium sulfates, other). Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.

Alleged Dumping Margins

The petitioners allege dumping margins of 45.79 percent to 170.08 percent.

Estimated Schedule of Investigations

  • March 27, 2019 – Petition is filed

  • April 16, 2019 – DOC initiates investigation

  • April 17, 2019 – ITC staff conference

  • May 13, 2019 – Deadline for ITC preliminary injury determinations

  • September 3, 2019 – Deadline for DOC preliminary AD determination, if not postponed

  • October 23, 2019 – Deadline for DOC preliminary AD determination, if fully postponed

  • March 6, 2020 – Deadline for DOC final AD determinations, if both preliminary and final determinations are fully postponed

  • April 20, 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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