8 EU & Japan AD Orders: Zero Rates for 25 Cos, Etc. if USTR Orders Implementation
The International Trade Administration found AD cash deposit rates of zero for 25 companies, and found reduced AD rates for 7 companies (one company’s rate is unchanged1), in the final results of its section 129 recalculations of the antidumping cash deposit rates currently in effect for companies whose merchandise is subject to 8 AD duty orders on certain products originating from the European Union and Japan, pursuant to instructions from the U.S. Trade Representative. The recalculations were done in order to implement the WTO’s findings in three zeroing disputes. The ITA made no change between its preliminary section 129 results and these final results. These AD rates will not be in effect until the ITA receives an implementation letter from USTR.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(On February 13, 2012 the U.S. Trade Representative instructed the ITA to implement the findings adopted by the World Trade Organization’s (WTO) Dispute Settlement Body in US-Zeroing (EC) (DS294), US-Continued Zeroing (EC) (DS350) and US-Zeroing (Japan) (DS322). In the ITA's recalculations of the AD cash deposit rates (all determined in previous administrative reviews) for the companies subject to the 8 AD duty orders at issue, the ITA is applying its new average-to-average methodology, which eliminates zeroing2, that was provided for in the final modification for reviews published on February 14, 2012. The ITA released the preliminary results of this proceeding on March 23. See ITT’s Online Archives 12021329 for summary of the ITA’s February 14, 2012 final rule modifying its normal methodology in AD administrative reviews, and 12032826 for summary of this section 129 proceeding’s preliminary results, which are unchanged in these final results.)
Section 129 Determinations Have Prospective Effect Only; No Change to Assessments
An implemented determination pursuant to section 129 applies only with respect to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date on which the USTR directs the ITA to implement that determination. Thus, such determinations have prospective effect only. The ITA said these final results will not determine assessment rates for entries of subject merchandise made during the period of review in question. Rather, said ITA, if the USTR directs the ITA to implement these final results, the affected companies’ AD cash deposit rates would be changed for entries beginning on the date of the implementation letter.
AD Cash Deposit Rates Recalculated as Zero for 25 Companies
The following companies will receive a prospective AD cash deposit rate of zero for the following administrative reviews should USTR direct the ITA to implement these final results:
Stainless steel plate in coils from Belgium (A-423-808)
2007/08 review: ArcelorMittal Stainless Belgium N.V.3;
Purified Carboxymethylcellulose from Finland (A-405-803)
2008/09 review: CP Kelco Oy
Purified Carboxymethylcellulose from the Netherlands (A-421-811)
2009/10 review: Azko Nobel Functional Chemicals B.V.; CP Kelco B.V.
Certain Pasta from Italy (A-475-818)
2009/10 review: Pastificio Lucio Garofalo S.p.A.; Molino e Pastificio Tomasello S.p.A.; Agritalia S.r.L.; Domenico Paone fu Erasmo S.p.A.; Industria Alimentari Colavita, S.p.A.; Labor S.r.L.; PAM S.p.A. and Liguori Pastificio dal 1820 S.p.A.; P.A.P. SNC Di Pazienza G.B. & C.; Premiato Pastificio Afeltra S.r.L.; Pastificio Fabianelli S.p.A.; Pastificio Riscossa F.lli Mastromauro S.p.A.; Rustichella d’Abruzzo S.p.A.
2006/07 review: F. Divella S.p.A.; Pasta Zara S.p.A. 1 and Pasta Zara S.p.A. 2; Pastificio Di Martino Gaetano & F.lli S.r.L.; Pastificio Felicetti S.r.L.
2004-05 review: Corticella Molini e Pastifici S.p.A. and Pasta Combattenti S.p.A.
2002/03 review: Pastificio Carmine Russo S.p.A. and Pastificio Di Nola S.p.A.
1998/99 review: La Molisana Industrie Alimentari S.p.A.;
Stainless steel wire rod from Spain (A-469-807)
1998/99 review: Roldan S.A.
Stainless steel sheet and strip in coils from Japan (A-588-845)
2007/08 review: Nippon Kinzoku Co., Ltd.
ITA Finds Reduced AD Cash Deposit Rates for 7 Companies
The following companies will receive a reduced prospective AD cash deposit rate for the following administrative reviews should USTR direct the ITA to implement these final results (recalculated AD rate and original AD rate in parentheses):
Steel concrete reinforcing bars from Latvia (A-449-804)
2004/05 review: Joint Stock Company Liepajas Metalurgs (4.87% from 5.94%).
Certain Pasta from Italy (A-475-818)
2007/08 review: PAM S.p.A. and Liguori Pastificio dal 1820 S.p.A.(5.49% from 8.54%) ; Pastificio Lucio Garofalo S.p.A.(14.63% from 15.87%); Pasta Lensi S.r.L.4 (10.06% from 12.21%); Pastificio Fratelli Pagani S.p.A. (10.06% from 12.21%)
2004/05 review: Atar, S.r.L. (18.13% from 18.18%)
2003/04 review: Barilla G.e.R. Fratelli S.p.A. (19.55% from 20.68%)
1The rate found for Solvay Solexis S.p.A. in the 2006/07 administrative review of granular polytetrafluoroethylene resin from Italy (A-475-703) remains unchanged by the final recalculation.
2“Zeroing” refers to the practice of using only sales at less than fair value to determine the estimated AD duty rate, excluding all non-dumped sales from the calculation.
3The ITA determined that Aperam Stainless Belgium N.V. is the successor-in-interest to ArcelorMittal Stainless Belgium N.V. in a recent AD changed circumstances review of stainless steel plate in coils from Belgium.
4Pasta Lensi S.r.L. was found to be the successor-in-interest to Italian American Pasta Company Italia S.r.L. for purposes of determining AD (and countervailing duty) liability in the July 17, 2003 final results of an ITA changed circumstances review.
(See ITT's Online Archives 12020716 for summary of USTR announcement that the U.S. had signed agreements with the EU and Japan to end disputes over the ITA's use of zeroing methodology.
See ITT's Online Archives 07020125 for summary of WTO Dispute Settlement Body (DSB) panel ruling against the U.S. practice of zeroing in US-Zeroing (Japan) (DS322), and 08101630 for summary of WTO DSB panel ruling against U.S. zeroing in U.S.- Continued Zeroing (EC) (DS350).)