Tin Mill Products: Prelim AD Cash Deposit Rates Take Effect for Canada, China, Germany
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of tin mill products from Canada (A-122-869), Germany (A-428-851) and China (A-570-150) are being sold in the U.S. at less than fair value. The agency will impose AD cash requirements retroactively on entries of subject merchandise from China beginning May 24, 2023. For Canadian and German exporters, suspension of liquidation and cash deposit requirements take effect Aug. 22, 2023.
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The agency also found that tin mill products from the Netherlands (A-421-816), South Korea (A-580-915), Taiwan (A-583-870), Turkey (A-489-848) and the U.K. (A-412-827) are not being undersold in the U.S. in negative antidumping duty determinations, and will not suspend liquidation nor impose AD cash deposit requirements for imports from these five countries at this time.
Commerce is also conducting a countervailing duty investigation on tin mill products from China, setting CVD rates ranging from 89.02% to 542.55% for Chinese companies in a preliminary determination issued in June. Suspension of liquidation for CVD purposes and CVD cash deposit requirements took retroactive effect for Baoshan March 28, 2023, and for all other Chinese companies June 26, 2023 (see 2307190011).
Cash Deposits Retroactive 90 Days for All Chinese Companies
Commerce made a finding that all exporters of tin mill products from China increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it to retroactively require AD cash deposits for subject merchandise from all Chinese companies 90 days before the preliminary determination, i.e., May 24, 2023.
Suspension of liquidation is already in effect for CVD purposes for Baoshan effective March 28, 2023.
For German and Canadian companies, suspension of liquidation and AD cash deposit requirements take effect Aug. 22, 2023.
AD Suspension of Liquidation and Cash Deposit Requirements
Commerce will instruct CBP to suspend liquidation for AD purposes for all entries of subject merchandise that are entered, or withdrawn from warehouse, on or after the dates listed in the tables below, and require cash deposits at the following rates (liquidation is already suspended pursuant to the concurrent CVD investigations):
Canada
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| ArcelorMittal Dofasco G.P. | 5.29% | 08/22/23 |
| All Others | 5.29% | 08/22/23 |
Germany
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| thyssenkrupp Rasselstein GmbH | 7.02% | 08/22/23 |
| All Others | 7.02% | 08/22/23 |
China
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| China-wide Entity (i.e., all Chinese companies) | 122.52% | 111.98% | 05/24/23 |
*As adjusted for export subsidies found in Commerce's concurrent CVD investigation. This rate is currently in effect for cash deposit purposes, and will remain in effect while Commerce is collecting CVD cash deposits. If the “provisional measures” period in the CVD investigation expires, the rate in the “AD Rate” column will take effect for cash deposit purposes, until such time that CVD collection resumes.
(The period of investigation is 01/01/22 - 12/31/22 for Canada and Germany; for China, the period of investigation is 07/01/22 - 12/31/22. See Commerce's notice for more information, including the scope (unchanged), suspension of liquidation, etc. See 2302130035 for a summary of the initiation of this AD duty investigation.)