New Trade Case on Imports of Brass Rod From Brazil, India, Israel, Mexico, South Africa, and South Korea
A new U.S. antidumping (“AD”) duty petition was filed on April 27 against imports of brass rod from Brazil, India, Israel, Mexico, South Africa, and South Korea. The petition also seeks the imposition of countervailing duties (“CVD”) on imports from India, Israel, and South Korea.
Brass rod is commonly used in (1) building and household products; (2) industrial machinery and equipment; (3) electrical and electronic products; and (4) automotive and truck/trailer products.
The covered merchandise consists of brass rod, defined as leaded, low-lead, and no-lead solid brass made from alloys. Please see the scope section below for a full description of the proposed subject merchandise.
The Department of Commerce (“DOC”) and the International Trade Commission (“ITC”) will conduct the investigations. Within the next 45 days, the ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. If the ITC meets this standard, the cases will move to the DOC, which will calculate the preliminary AD and CVD duty margins.
The DOC’s preliminary determinations are expected by June 21, 2023 (CVD) and Oct. 4, 2023 (AD). On the publication date of DOC’s preliminary determinations, importers will be required to deposit the calculated duties upon the products’ entry into the U.S. market.
Strict statutory deadlines are associated with these proceedings. Thus, 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 when it becomes available. A schedule of approximate key dates is provided at the end of this article.
The following are key facts about this trade case:
Petitioners: American Brass Rod Fair Trade Coalition, Mueller Brass Co., and Wieland Chase LLC (“Petitioners”)
Other Domestic Producers: In addition to Petitioners, Chicago Extruded Metals is also named U.S. producer of brass rod products in the petition.
Foreign Producers/Exporters and US Importers: Please contact us for a listing of individual companies named in the petition.
AD/CVD margins: Petitioners alleged the following AD/CVD margins:
- Brazil: calculated dumping margins around 62.62 percent, ad valorem;
- Mexico: calculated dumping margins around 63.76 percent, ad valorem;
- South Africa: calculated dumping margins around 27.99 percent, ad valorem;
- India: calculated dumping margins around 10.20 percent, ad valorem; and a countervailing duty margin above de minimis;
- Israel: calculated dumping margins around 20 percent, ad valorem, and a countervailing duty margin above de minimis;
- South Korea: calculated dumping margins around 12.75 percent, ad valorem, and a countervailing duty margin above de minimis.
Merchandise covered by the scope of the case:
The products within the scope of these investigations, as described in the petition, are brass rod, which is defined as leaded, low-lead, and no-lead solid brass made from alloys such as, but not limited to Alloys C36000, C37700, C3700, C36300, C27450, C27451, C69300, C35300, C34500, C67600, C35330, C48500, and C67300, and their international equivalents.
The brass rod subject to these orders has a cross-section greater than one-quarter of one inch (0.25 inches) outside diameter but less than or equal to 12 inches outside diameter. Brass rod cross-sections may be round, hexagonal, square, or octagonal shapes as well as special profiles (e.g., angles, shapes). Standard leaded brass rod covered by the scope contains, by weight, 57.0 – 65.0 percent copper; 1.5 – 3.0 percent lead; no more than 0.35 percent iron; and at least 15 percent zinc. No-lead or low-lead brass rod covered by the scope contains by weight 59.0- 76.0 percent copper; 0-1.5 percent lead; no more than 0.35 percent iron; and at least 15 percent zinc. Brass rod may also include other elements. Brass rod is covered by these petitions whether it is finished or unfinished. Brass rod may be produced in accordance with ASTM Bl 6, ASTM B124, ASTM B981, ASTM B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927, but such conformity to an ASTM standard is not required for the merchandise to be included within the scope. Brass rod is produced by melting and casting into billets or strand casting into rod. Brass rod may or may not be heated, extruded, pickled, or cold-drawn.
The merchandise covered by these petitions is currently classifiable under subheading 740.21.9000 of the Harmonized Tariff Schedule of the United States (HTS US). Products subject to the scope may also enter under HTSUS subheadings 7403.21.0000, 7407.21.1500, 7407.21.3000, 7407.21.5000, and 7407.21.7000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the petitions 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), Will Sjoberg (wsjoberg@clarkhill.com; 202-772-0924), Aristeo Lopez (alopez@clarkhill.com; 202-552-2366), Kelsey Christensen (kchristensen@clarkhill.com; 202-640-6670), Sally Alghazali (salghazali@clarkhill.com; 202-572-8676), or another member of Clark Hill’s International Trade Business Unit.
| Approximate Key Dates*
|
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| Antidumping Duty Investigations | ||
| Event | No. of Days | Date of Action |
| Petition Filed | 0 | 4/27/2023 |
| Initiation Date | 20 | 5/17/2023 |
| ITC Preliminary Investigations** | ||
| Questionnaires Due | 14 | 5/11/2023 |
| Request to appear at hearing | 18 | 5/15/2023 |
| Hearing | 21 | 5/18/2023 |
| Briefs | 26 | * 5/23/2023 |
| ITC Vote | 43 | 6/9/2023 |
| ITC Preliminary Determination | 45 | † 6/11/2023 |
| DOC Investigations | ||
| DOC Preliminary AD Determination | 160 | * 10/4/2023 |
| DOC Final AD Determination | 235 | * 12/18/2023 |
| ITC Final Investigations | ||
| ITC Final AD Determination | 280 | 2/1/2024 |
| DOC Final Investigations | ||
| DOC AD Publication of Order | 287 | 2/8/2024 |
| Countervailing Duty Investigations | ||
| Event | No. of Days | Date of Action |
| Petition Filed | 0 | 4/27/2023 |
| Initiation Date | 20 | 5/17/2023 |
| ITC Determination of Reasonable Indication of Injury | 45 | † 6/11/2023 |
| DOC Preliminary CVD Determination | 85 | * 7/21/2023 |
| Submission of factual information | 95 | 7/31/2023 |
| Request for a hearing | 122 | † 8/27/2023 |
| Briefs | 142 | †* 9/16/2023 |
| DOC Final CVD Determination | 160 | * 10/4/2023 |
| ITC Final CVD Determination | 205 | † 11/18/2023 |
| DOC CVD Publication of Order | 212 | † 11/25/2023 |
* These dates may be extended.
** The ITC preliminary dates may change slightly once the ITC publishes its notice of institution in the Federal Register. When the notice is published, parties will have seven days to file an entry of appearance at the ITC and apply for access to confidential information through counsel under Administrative Protective Order.
† Indicates a deadline that currently falls on a weekend or Federal holiday, which will be extended to the next business day.