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New Antidumping Petitions on Methionine From France, Japan and Spain

On July 29, 2020, Novus International, Inc. (Novus) filed antidumping (AD) petitions on methionine from France, Japan and Spain. Methionine is a sulfur-containing amino acid that is most commonly used as an additive for animal feed.

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 and 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 methionine.

Scope

Per the petition:

The merchandise covered by this investigation is methionine and precursors to methionine, including dl-Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-(Methylthio) Butanoic acid (HMTBa), regardless of purity, particle size, grade, or physical form. Methionine has the chemical formula C5H11NO2S, liquid HMTBa has the chemical formula C5H10O3S, and dry HMTBa has the chemical formula C6H9CaO5S. 

Subject merchandise also includes methionine processed in a third country including, but not limited to, refining or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope methionine or precursors of methionine.

Methionine that is otherwise subject to this investigation is not excluded when commingled (i.e., mixed or combined) with methionine from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of these investigations.

Methionine is currently classified under subheadings 2930.40.00.00 and 2930.90.46.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Methionine has the Chemical Abstracts Service (CAS) registry numbers 583-91-5, 4857-44-7, 59-51-8 and 922-50-9. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

Estimated Dumping Margins

  • France: 17.34%

  • Japan: 103.31%

  • Spain: 36.43%

Estimated Schedule of Investigation

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):

  • July 29, 2020 — Petition is filed.

  • August 18, 2020 — DOC initiates investigation.

  • August 19, 2020 — ITC staff conference (estimated).

  • September 14, 2020 — Deadline for ITC preliminary injury determination.

  • January 5, 2021 — Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed.

  • February 24, 2021 — Deadline for DOC preliminary AD determinations, if deadlines are fully postponed.

  • July 9, 2021 — Deadline for DOC final AD determinations, if all deadlines are fully postponed.

  • August 23, 2021 — Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.

© 2020 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume X, Number 211

TRENDING LEGAL ANALYSIS


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