21 Aug 2018
Following are summaries of current AD/CV actions targeting mainland Chinese manufacturers taken by the DOC.
Product: Multi-layered wood flooring classified under HTSUS subheadings 4412.31.0520, 4412.31.0540, 4412.31.0560, 4412.31.2510, 4412.31.2520, 4412.31.4040, 4412.31.4050, 4412.31.4060, 4412.31.4070, 4412.31.5125, 4412.31.5135, 4412.31.5155, 4412.31.5165, 4412.31.6000, 4412.31.9100, 4412.32.0520, 4412.32.0540, 4412.32.0560, 4412.32.2510, 4412.32.2520, 4412.32.3125, 4412.32.3135, 4412.32.3155, 4412.32.3165, 4412.32.3175, 4412.32.3185, 4412.32.5600, 4412.39.1000, 4412.39.3000, 4412.39.4011, 4412.39.4012, 4412.39.4019, 4412.39.4031, 4412.39.4032, 4412.39.4039, 4412.39.4051, 4412.39.4052, 4412.39.4059, 4412.39.4061, 4412.39.4062, 4412.39.4069, 4412.39.5010, 4412.39.5030, 4412.39.5050, 4412.94.1030, 4412.94.1050, 4412.94.3105, 4412.94.3111, 4412.94.3121, 4412.94.3131, 4412.94.3141, 4412.94.3160, 4412.94.3171, 4412.94.4100, 4412.94.5100, 4412.94.6000, 4412.94.7000, 4412.94.8000, 4412.94.9000, 4412.94.9500, 4412.99.0600, 4412.99.1020, 4412.99.1030, 4412.99.1040, 4412.99.3110, 4412.99.3120, 4412.99.3130, 4412.99.3140, 4412.99.3150, 4412.99.3160, 4412.99.3170, 4412.99.4100, 4412.99.5100, 4412.99.5710, 4412.99.6000, 4412.99.7000, 4412.99.8000, 4412.99.9000, 4412.99.9500, 4418.71.2000, 4418.71.9000, 4418.72.2000 and 4418.72.9500.
Nature of Notice: Court decision not in harmony with final rescission of new shipper review in AD investigation A-570-970, effective 26 July 2018.
Summary: The U.S. Court of International Trade has ordered the DOC to proceed with a new shipper review of Huzhou Muyun Wood Co. Ltd. following a determination that the DOC’s conclusion that the single sale made by that company during the period 1 December 2014 through 31 May 2015 was not bona fide was not supported by substantial evidence. The CIT found that the totality of the circumstances do not support a finding that the sale was not bona fide, given that the sales quantity was typical, the expenses incurred were normal, the sale was made at arm’s length, the payment timing was not atypical, and a substantial majority of the product was resold for a profit.
Product: Crystalline silicon photovoltaic cells, whether or not assembled into modules, classified under HTSUS subheadings 8501.31.8000, 8501.61.0000, 8507.20.80, 8541.40.6020 and 8541.40.6030.
Nature of Notice: Preliminary results of changed circumstances review and consideration of partial revocation of AD duty order A-570-979 and CV duty order C-570-980, effective 20 August 2018.
Summary: In this changed circumstances review, the DOC has announced its intention to revoke these AD and CV duty orders with respect to certain off-grid solar panels because producers accounting for substantially all of the domestic production of subject merchandise lack interest in the relief provided by the orders. If these results are finalised, the DOC will revoke the orders with respect to (1) off-grid CSPV panels in rigid form with a glass cover and having the following characteristics: (i) a total power output of 100 watts or less per panel; (ii) a maximum surface area of 8,000 cm2 per panel; (iii) do not include a built-in inverter; (iv) must include a permanently connected wire that terminates in either an eight millimetre male barrel connector or a two-port rectangular connector with two pins in square housing of different colours; (v) must include visible parallel grid collector metallic wire lines every 1–4 millimetres across each solar cell; and (vi) must be in individual retail packaging (for purposes of this provision, retail packaging typically includes graphics, the product name, its description and/or features, and foam for transport); and (2) off-grid CSPV panels without a glass cover and having the following characteristics: (i) a total power output of 100 watts or less per panel; (ii) a maximum surface area of 8,000 cm2 per panel; (iii) do not include a built-in inverter; (iv) must include visible parallel grid collector metallic wire lines every 1–4 millimetres across each solar cell; and (v) each panel is permanently integrated into a consumer good, encased in a laminated material without stitching or has all of the following characteristics (the panel is encased in sewn fabric with visible stitching, includes a mesh zippered storage pocket, and includes a permanently attached wire that terminates in a female USB–A connector).
Product: Certain steel wheels, classified under HTSUS subheadings 4011.20.1015, 4011.20.5020, 8708.70.4530, 8708.70.4560, 8708.70.6030, 8708.70.6060, 8708.99.4850, 8716.90.5045 and 8716.90.5059.
Nature of Notice: Postponement of preliminary determination in AD investigation A-570-082.
Summary: The DOC has decided to postpone its preliminary determination in this investigation from 4 September to 23 October. The preliminary determination will indicate whether the DOC is likely to establish AD duties on imports of subject merchandise.
Product: Uncovered innerspring units, classified under HTSUS subheadings 7326.20.0070, 7326.20.0071, 7326.20.0090, 7320.20.5010, 7320.90.5010, 9404.29.9005, 9404.10.0000, 9404.29.9010 and 9404.29.9011.
Nature of Notice: Preliminary affirmative determination of circumvention in AD investigation A-570-928, effective 21 August 2018.
Summary: The DOC has preliminarily determined that imports of uncovered innerspring units into the United States exported from Macau, which were assembled or completed in Macau by the Macao Commercial Group using materials sourced from mainland China, are circumventing the AD duty order on innersprings from the mainland. As a result, the DOC will instruct CBP to suspend any entries of subject merchandise manufactured in Macau by the Macao Commercial Group using components and/or materials from mainland China.