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Tin Mill Products: Commerce Issues CV Duty Final Determination for China

The Commerce Department issued its final determination in its countervailing duty investigation on tin mill products from China (C-570-151). Suspension of liquidation is currently not in effect for entries on or after Oct. 24, 2023, and Commerce will require cash deposits of estimated CV duties on future entries only if it issues a CV duty order.

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The next step is for the International Trade Commission to make its final injury determination, currently set for Feb. 20, according to a Commerce fact sheet. If the ITC finds injury, Commerce will issue a CV duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.

Commerce also issued its final determination in the concurrent antidumping duty investigation on tin mill products from China, setting AD rates at 122.52% (111.98% adjusted for CVD) for Chinese exporters (see 2401090068). The agency also issued affirmative final determinations for Canada, Germany and South Korea, but reached negative final determinations and will end its AD investigations on tin mill products from the Netherlands, Taiwan, Turkey and the U.K.

Critical Circumstances for Baoshan

Commerce continued to find “critical circumstances” for Baoshan Iron, but no other Chinese companies. Commerce will direct CBP to continue to suspend liquidation and require CVD cash deposits for Baoshan Iron on or after March 28, 2023. Suspension of liquidation and CVD cash deposit requirements for Shougang Jingtang and all other Chinese companies remains in effect beginning June 26, 2023.

CV Susp/Cash Deposit Through Oct. 23

For now, Commerce has instructed CBP to continue the suspension of liquidation of entries from June. 26, 2023 (or March 28 for Baoshan Iron), through Oct. 23, 2023.

CV Liq Reinstated and No CV Cash Deposit as of Oct. 24

Commerce previously instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits for subject merchandise entered on or after Oct. 24, the expiration date of the 120-day “provisional measures” period during which Commerce can suspend liquidation without a CVD order in place.

CV Liq to Be Suspended Again and CV Cash Deposit Required if Order Issued

Commerce will issue a CV duty order, reinstate the suspension of liquidation, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the ITC issues a final affirmative injury determination.

CompanyCVD Rate
Baoshan Iron & Steel Co., Ltd.649.98%
Shougang Jingtang United Iron & Steel Co., Ltd. and its affiliates: Shougang Group Co., Ltd.; Shougang Casey Steel Co., Ltd.; Beijing Shougang Co., Ltd.; Beijing Shougang Steel Trade Management Co., Ltd.; Beijing Shougang Machinery & Electric Co., Ltd.; Beijing Shougang Gas Co., Ltd.; Qinhuangdao Shougang Machinery Co., Ltd.; Beijing Shoujian Equipment Maintenance Co., Ltd.; Beijing Shougang Lujiashan Limestone Mine Co., Ltd.; Hebei Shoulang New Energy Technology Co., Ltd.; Tangshan Caofeidian Industrial Zone Shouhanxin Industry Co., Ltd.; and China Shougang International Trade & Engineering Corporation.331.88%
All Others331.88%

(The period of investigation is 01/01/22 - 12/31/22. See Commerce’s notice for more information, including the scope of the investigation (unchanged), detailed instructions on cash deposit rates, etc.)