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New Antidumping Petition on Strontium Chromate from Austria and France

Lumimove Inc., d.b.a. WPC Technologies (WPC), on September 5, 2018, filed an antidumping (AD) petition on imports of strontium chromate from Austria and France. Additionally, WPC alleges that the subject strontium chromate is transshipped via Belgium, Germany and the Netherlands, and is labeled as a product of Austria or France.

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 strontium chromate.

Scope

The merchandise covered by this investigation is strontium chromate, regardless of form (including but not limited to, powder (sometimes known as granular), dispersions (sometimes known as paste), or in any solution). The chemical formula for strontium chromate is SrCrO4 and the Chemical Abstracts Service (CAS) registry number is 7789-06-2.

Strontium chromate that has been blended with another product or products is included in the scope if the resulting mix contains 15 percent or more of strontium chromate by total formula weight. Subject merchandise includes strontium chromate from Austria or France in powder form that has been processed in a third country into a product that otherwise would be within the scope of this investigation, i.e., if any such further processing would not otherwise remove the merchandise from the scope of the investigation if performed in Austria or France, it is included in the scope of the investigation.

The merchandise subject to this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 2841.50.9100. Subject merchandise may also enter under HTSUS subheading 3212.90.00 or other subheadings. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the merchandise is dispositive.

Alleged Dumping Margins

WPC alleges the following dumping margins:

  • Austria: 82.6 percent

  • France: 53.1 percent

Estimated Schedule of Investigations

  • September 5, 2018 – Petition is filed

  • September 25, 2018 – DOC initiates investigation

  • September 26, 2018 – ITC staff conference

  • October 22, 2018 – Deadline for ITC preliminary injury determinations

  • February 12, 2019 – Deadline for DOC preliminary AD determination, if not postponed

  • April 3, 2019 – Deadline for DOC preliminary AD determination, if fully postponed

  • August 16, 2019 – Deadline for DOC final AD determination, if both preliminary and final determinations are fully postponed

  • September 30, 2019 – 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.

202-230-5802
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.

202-230-5803