Tin Mill Products: Commerce Issues AD Duty Final Determinations
The Commerce Department issued its final affirmative determinations in the antidumping duty investigations on tin mill products from Canada (A-122-869), Germany (A-428-851) China (A-570-150) and South Korea (A-580-915). Changes to cash deposit requirements set in these final determinations take effect Jan. 10, the date they are scheduled for publication in the Federal Register.
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Commerce's final affirmative determination for South Korea -- a reversal from its preliminary negative determination -- means the agency will direct CBP to newly suspend liquidation for subject merchandise from South Korea. Suspension of liquidation had not been in place up until now. However, the zero percent AD rate Commerce continued to calculate for Dongbu means that South Korean company will not be subject to any order issued in connection with this investigation, and no suspension of liquidation will take effect for Dongbu.
The agency also continued to find that tin mill products from the Netherlands (A-421-816), Taiwan (A-583-870), Turkey (A-489-848) and the U.K. (A-412-827) are not being undersold in the U.S. in negative antidumping duty determinations. Commerce and the International Trade Commission will end their AD investigations for these countries with no AD order issued and no duties imposed.
The next step is for the International Trade Commission to make its final injury determinations, currently scheduled for Feb. 20, according to a Commerce fact sheet. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits refunded.
Commerce is also issuing its final determination in the concurrent CVD investigation on tin mill products from China, setting CV rates at 331.88% to 649.98% for Chinese exporters, though CVD cash deposit requirements are on hold as of Oct. 24 pending the ITC's final injury determination (see 2401090078).
Cash Deposits Still Retroactive 90 Days for All Chinese Companies
Commerce continued to find that all exporters of tin mill products from China increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it continue to retroactively require AD cash deposits for subject merchandise from all Chinese companies 90 days before the preliminary determination, i.e., May 24, 2023.
Suspension of liquidation is in effect for CVD purposes for Baoshan even earlier, as of March 28, 2023.
For German and Canadian companies, suspension of liquidation and AD cash deposit requirements take effect Aug. 22, 2023, and for South Korean companies, suspension of liquidation and AD cash deposit requirements take effect Jan. 10, 2024.
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation for AD purposes and require cash deposits as of the dates listed below for all entries of subject merchandise. New cash deposit rates take may effect Jan. 10, as follows:
Canada
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| ArcelorMittal Dofasco G.P. | 5.27% | 08/22/23 |
| All Others | 5.27% | 08/22/23 |
Germany
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| thyssenkrupp Rasselstein GmbH | 6.88% | 08/22/23 |
| All Others | 6.88% | 08/22/23 |
China
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| China-wide Entity (i.e., all Chinese companies) | 122.52% | 111.98% | 05/24/23 |
*As adjusted for export subsidies found in Commerce's concurrent CVD investigation. This rate is currently in effect for cash deposit purposes, and will remain in effect while Commerce is collecting CVD cash deposits. If the “provisional measures” period in the CVD investigation expires, the rate in the “AD Rate” column will take effect for cash deposit purposes, until such time that CVD collection resumes.
South Korea
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| KG Dongbu Steel Co., Ltd. | zero | N/A |
| TCC Steel Corp. | 2.69% | 01/10/24 |
| All Others | 2.69% | 01/10/24 |
(The period of investigation is 01/01/22 - 12/31/22 for Canada, Germany and South Korea; for China, the period of investigation is 07/01/22 - 12/31/22. See Commerce’s notice for more information, including the scope of the investigation (unchanged), detailed instructions on cash deposit rates, etc. See 2308210034 for a summary of the preliminary determinations of these investigations.)