Components for Modular Batteries Not Covered by AD/CVD on Cold-Rolled Steel From India
End module side cover and cable tray connection brackets from India imported by Sigma aren't covered by antidumping and countervailing duties on Indian cold-rolled steel flat products, Commerce said in a Dec. 13 scope ruling. It said the products were excluded from the order because they had undergone enough further processing.
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The products addressed in the scope ruling were components in modular battery storage assemblies that cover the sides of the module to guide cables inside the module or protect module components from dust.
Commerce said the scope language indicates that “cold-rolled steel that has been further processed” wouldn't be covered by AD/CVD, but it doesn't more explicitly define what level of processing is needed. It said neither the scope orders themselves nor primary interpretive sources could assist it in its analysis, so it moved on to a discussion of the products’ physical characteristics, marketing, ultimate use and channels of trade.
The products had to meet “detailed specifications from the customer,” Commerce said. It said that the cold-rolled flat-rolled steel used to manufacture the products “has been bent into very specific shapes to form the side cover and brackets.”
“Given these specific facts, we find that the end module side cover and the cable tray connection brackets have physical characteristics of a unique product other than the cold-rolled flat-rolled steel products described in the scope,” it said.
Record evidence also demonstrated that customers of the products intended to use them without further manufacturing, unlike basic cold-rolled flat-rolled steel covered by the orders, Commerce said. It said the products were clearly also sold in different channels of trade than merchandise subject to the orders.
Finally, Sigma's products were accompanied by invoices and packing lists that indicated they were intended particularly for modular battery storage assemblies, Commerce said.
“Companies that sell cold-rolled flat-rolled steel products advertise them as such and promote their suitability for use in many applications,” it said. “In contrast, the end module side cover and the cable tray connection brackets are not explicitly marketed or identified as cold-rolled flat-rolled steel products.”