On January 18, 2023, Cleveland Cliffs Inc. and the United Steelworkers Union filed antidumping (AD) and countervailing obligation (CVD) petitions in opposition to U.S. imports of sure tin- and chromium-coated metal sheet mill merchandise (“tin mill merchandise”) from Canada, China, Germany, Netherlands, South Korea, Taiwan, and the UK. Tin mill merchandise are used primarily to make cans for meals, aerosol, paint, filtration and line functions, and caps and closures for glass containers.
Tin mill merchandise are already topic to Part 232 tariffs of 25 p.c that have been imposed on imports of metal and aluminum merchandise from all international locations. Sure international locations, together with Canada, the European Union member states and the UK have been granted exemptions from these Part 232 tariffs.
Tin mill merchandise from China should not solely topic to the Part 232 metal tariffs, but additionally are topic to an extra 7.5 p.c tariff from the Part 301 tariffs on Chinese language imports.
Regardless of these current tariffs, the U.S. business seeks extra AD/CVD duties to additional shield them from import competitors. Demand for tin mill merchandise has steadily shrunk as firms have developed substitute packaging merchandise to exchange tin cans or developed can designs that cut back the quantity of metal used.
The U.S. Division of Commerce (“DOC”) and U.S. Worldwide Commerce Fee (“ITC”) will conduct investigations to additional look at the allegations made within the petition. DOC will examine whether or not the named topic imports are being offered to the USA at lower than truthful worth (“dumping”) or profit from unfair authorities subsidies. ITC will examine whether or not the topic imports are inflicting “materials damage” or “risk of fabric damage” to the home business.
The petition proposes the scope of the merchandise to be coated by these AD/CVD investigations as:
“tin mill flat-rolled merchandise which are coated or plated with tin, chromium, or chromium oxides. Flat-rolled metal merchandise coated with tin are often known as tinplate. Flat-rolled metal merchandise coated with chromium or chromium oxides are often known as tin-free metal or electrolytic chromium-coated metal. The scope consists of all of the famous tin mill merchandise no matter thickness, width, kind (in coils or lower sheets), coating sort (electrolytic or in any other case), edge (trimmed, untrimmed or additional processed, resembling scroll lower), coating thickness, floor end, mood, coating metallic (tin, chromium, chromium oxide), discount (single- or double- decreased), and whether or not or not coated with a plastic materials.”
See the proposed scope definition for an entire description of the bodily traits of the coated and excluded merchandise, and the HTS numbers which may be used to import the topic merchandise.
2. Alleged AD/CVD Margins.
Petitioner supplied estimated dumping margin for the topic international locations:
Canada – 78.29%
China – 130.88%
Germany – 43.64%
Netherlands – 124.17% – 294.27%
South Korea – 13.46% – 110.84%
Taiwan – 47.22% – 60.12%
Turkey – 96.51% – 106.43%
United Kingdo – 110.81%
Though Petitioner alleged quite a few authorities subsidy packages that benefitted the Chinese language tin mill industries, Petitioner didn’t allege any particular subsidy charges.
3. Named Exporters/ Producers
Petitioner included a listing of firms that it believes are producers and exporters of the topic merchandise. See connected record of exporters right here .
4. Named U.S. Importers
Petitioner included a listing of firms that it believes are U.S. importers of the topic merchandise. See connected record of US importers right here.
5. Estimated Schedule of Investigations.
January 18, 2023 – Petitions filed
February 7, 2023 – DOC initiates investigation
February 8, 2022 – ITC Employees Convention
March 3, 2023 – ITC preliminary willpower
June 17, 2023 – DOC China CVD preliminary willpower (assuming prolonged deadline) (4/13/23 – unextended)