U.S. Producers File New Trade Case Against Imports of Active Anode Material from the People’s Republic of China

The Petition

American Active Anode Material Producers (“AAAMP” or “Petitioner”) filed a new petition against imports of active anode material from China, alleging that the imports are dumped and unfairly subsidized. The petition asks the U.S. government to impose antidumping (“AD”) and countervailing duties (“CVD”) on these imports from China.

Active anode material is most commonly used as the primary component in the anode of lithium-ion batteries. The anode of a lithium-ion battery must be made with active anode material, often combined with silicon. In contrast, the cathode of lithium-ion batteries can be made from a variety of metal oxides, including lithium cobalt oxide, lithium manganese oxide, lithium iron phosphate, or lithium nickel manganese cobalt oxide. Lithium-ion batteries are used to power electric vehicles, consumer electronics, medical equipment, and other applications. Please see below for the full text of the proposed scope for the investigations.

Key Facts

Petitioner: American Active Anode Material Producers

Foreign Producers/Exporters and U.S. Importers: Please contact Clark Hill’s international trade team for a listing of individual importers and exporters named in the petition.

AD/CVD margins: Petitioner alleged the following AD and CVD margins:

• China: AD margins from 828% to 921%, ad valorem, and a CVD margin above de minimis.

The Investigation

The U.S. Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”) will conduct investigations. The ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. The DOC will then determine whether imports are being dumped or unfairly subsidized and will calculate corresponding AD and CVD duty margins that importers will need to pay on their entries.

Importers will be required to deposit the calculated AD/CVD duties on their imports as of the date that the DOC publishes its affirmative preliminary determination in the Federal Register. In this case, the DOC’s preliminary determinations are currently expected by March 13, 2025 (CVD) and May 27, 2025 (AD). Importers should be aware that entries may be subject to cash deposits before these dates if the DOC finds that there is a surge of imports after the petition was filed.

Next Steps

All U.S. importers and foreign producers are advised to prepare as soon as possible due to the strict statutory deadlines in these investigations. If this product is of interest to you, please contact Clark Hill’s international trade team so that we can provide you with additional information.

A schedule of approximate key dates is attached below.

The Scope

This investigation pertains to active anode material. The physical characteristics of the covered product, which define the scope, are as follows:

The merchandise covered by this investigation includes:

Active anode material, whether synthetic, natural, or a blend of synthetic or natural; with or without coating; regardless of whether in powder, dry, liquid, or any other form. Subject merchandise typically has a maximum size of 80 microns. Subject merchandise has an energy density of 330 milliamp hours per gram or greater and a degree of graphitization of 80% or greater.

Subject merchandise can be referred to as “active anode material.” The subject merchandise is covered regardless of whether it is mixed with silicon-based active materials, e.g., silicon oxide (SiOx), silicon-carbon (SiC), or silicon, or additives such as carbon black or carbon nanotubes. The subject merchandise is covered regardless of the combination of compounds that comprise the graphite material; the graphite contained in the subject merchandise has a minimum purity content of 90% carbon. The subject merchandise is covered regardless of whether it is imported independently, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode.

Active anode material subject to the investigations may be classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2504.10.5000 and 3801.10.5000. Subject merchandise may also be entered under HTSUS subheading 3801.90.0000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.

Approximate Key Dates*
Antidumping Duty Investigation
Event	No. of Days	Date of Action
Petition Filed	0	12/18/2024
DOC Initiation Date	20	1/7/2025
DOC Q&V Questionnaires	44	1/31/2025
ITC Preliminary Determination	45	2/3/2025**
DOC Separate Rate Applications	50	2/6/2025
DOC Preliminary AD Determination	160	5/272025
DOC Final AD Determination	235	8/11/2025**
ITC Final AD Determination	280	9/24/2025
DOC AD Publication of Order	287	10/1/2025
Countervailing Duty Investigation
Event	No. of Days	Date of Action
Petition Filed	0	12/18/2024
DOC Initiation Date	20	1/7/2025
DOC Q&V Questionnaires	44	1/31/2025
ITC Preliminary Determination	45	2/3/2025**
DOC Preliminary CVD Determination	85	3/13/2025
Request for a DOC Hearing	122	4/21/2025**
DOC Final CVD Determination	160	5/27/2025
ITC Final CVD Determination	205	7/11/2025
DOC CVD Publication of Order	212	7/18/2025

Contact Clark Hill

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), 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 other members of Clark Hill’s International Trade Business Unit.

This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.