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New Trade Case on Imports of Non-Refillable Steel Cylinders from China

A new U.S. antidumping (“AD”) and countervailing duty (“CVD”) petition was filed on March 27, 2020, by Worthington Industries against imports of non-refillable steel cylinders from the People’s Republic of China.

The subject merchandise covered by this petition is certain non-reusable (non-refillable) steel cylinders produced to meet the requirements of USDOT specification 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118 for non-reusable (non-refillable) cylinders for hazardous material packaging, whether imported with or without a valve and/or pressure release device, and whether filled or unfilled at the time of importation. Non-refillable steel cylinders are portable, non-refillable steel tanks suitable for containing liquefied or compressed gases such as refrigerant or helium, or other materials such as insulating foam sealant or adhesive. Non-refillable steel cylinders are composed of a welded tank with two ports, consisting of a valve and pressure release device, and a handling collar. The full scope of the merchandise covered is set forth below.

The petition includes AD (less than fair value) and CVD (unfair subsidy) allegations against China. The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigation.  Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring the U.S. industry. If the ITC finds that standard is met, then the investigations will move to the DOC, which will calculate the preliminary AD and CVD duty margins.

The DOC’s preliminary determinations are currently scheduled for June 20, 2020 (CVD) and September 3, 2020 (AD), which are the dates when importers will be required to deposit the calculated duties upon the products’ entry in the U.S. market.

There are strict statutory deadlines associated with these proceedings and affected companies are advised to prepare as soon as possible. If this product is of interest to you, please let us know so that we can provide you with additional information as it becomes available.

The following are key facts about this trade case:

Petitioner: Worthington Industries

Foreign Producers/Exporters and US Importers:  Please contact us for a listing of individual companies named in the petition.

Alleged AD and CVD margins: Petitioners have alleged the following AD and CVD margins: a calculated AD margin of 60.78% and a CVD margin above de minimus.

Merchandise covered by the scope of the case: The merchandise covered by these petitions is certain nonrefillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation (“USDOT”) Specifications 39, TransportCanada Specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (“nonrefillable steel cylinders”). The subject non-refillable steel cylinders are portable and range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and may be filled or unfilled at the time of importation.

Seamless non-refillable steel cylinders are specifically excluded.

Also excluded from the scope of these petitions are non-refillable steel cylinders filled at the time of importation whose content is subject to another antidumping and/or countervailing duty order. At the time of filing this petition, there are existing antidumping duty orders on Hydrofluorocarbon Blends from the People’s Republic of China and 1,1,1,2-Tetrafluoroethene (R-134A) from the People’s Republic of China. See Hydrofluorocarbon Blends From the People's Republic of China: Antidumping Duty Order, 81 Fed. Reg. 55,436 (Dep’t Commerce Aug 19, 2016); 1,1,2-Tetrafluoroethene (R-134a) from the People’s Republic of China: Antidumping Duty Order, 82 Fed. Reg. 18,422 (Dep’t Commerce Apr. 19, 2017). In the case of non-refillable steel cylinders entering the United States filled with merchandise covered by the scope of these orders or future antidumping and/or countervailing duty orders covering the gas or material content of the nonrefillable steel cylinders, such other orders control. In the case of non-refillable steel cylinders entering the United States filled with merchandise not covered by the scope of any other antidumping and/or countervailing duty order, the scope of this petition controls.

The merchandise subject to these petitions is properly classified under statistical reporting numbers 7311.00.0060 and 7311.00.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). The merchandise may also enter [WCS1] under HTSUS statistical reporting number 7310.29.0025. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907); William Sjoberg (wsjoberg@clarkhill.com; 202-772-0924), Courtney Gayle Taylor (cgtaylor@clarkhill.com; 202-552-2350); or another member of Clark Hill's International Trade Business Unit.