China Silica Bricks: New AD Investigations Deadlines & Scope
The International Trade Administration issued a Federal Register notice on its recently initiated antidumping investigation of silica bricks and shapes from China (A-570-988). The ITA will determine whether imports of silica bricks and shapes from China are being, or are likely to be, sold in the U.S. at less than fair value.
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The period of investigation is April 1, 2012, through Sept. 30, 2012.
Alleged AD Margins
An ITA fact sheet says the alleged dumping margins for silica bricks from China are 118.47 to 290.12 percent.
Respondent Selection
The ITA will request quantity and value information from all known exporters and producers identified with complete contact information in the petition. The quantity and value data received from these Chinese exporters/producers will be used as the basis to select the mandatory respondents. Responses to the Q&V questionnaire are due no later than Dec. 26.
Exporters and producers of silica bricks from China that do not receive Q&V questionnaires from the ITA but intend to submit a response can obtain a copy here.
Separate Rate Applications
For AD investigations involving non-market economy (NME) countries such as China, the ITA requires that respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status. The ITA will calculate combination rates for certain respondents that are eligible for a separate rate in this investigation.
Separate-rate status applications are due by about Feb. 11. The separate rate application for China is available here.
Targeted Dumping Allegations
Any interested party that wishes to make a targeted dumping allegation in the AD investigation, and request that the ITA use an alternative comparison methodology, may submit allegations no later than 45 days before April 24, 2013 (the scheduled date of the ITA’s preliminary determination).1
Scope of the AD Investigation
The products covered by the scope of this investigation are bricks and shapes, regardless of size, containing at least 90 percent silica (also known as silicon dioxide (Si02)), regardless of other materials in the bricks and shapes. The products covered by the scope of this investigation are currently classified under Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings 6902.20.1020 and 6902.20.5020. Imports of subject merchandise may also be entered under HTSUS subheading 6901.00.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.
Comments on Scope Due by Dec. 26
The ITA said that it discussed the scope with petitioners to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. The ITA invites comments on the scope by Dec. 26.
Investigations Timetable
| Event | Date |
|---|---|
| Petition filed | 11/15/12 |
| ITA initiation date | 12/05/12 |
| ITC prelim determination2 | 12/31/12 |
| ITA prelim determination3 | 04/24/13 |
| ITA final determination3 | 07/08/13 |
| ITC final determination4 | 08/22/13 |
| Issuance of orders5 | 08/29/13 |
1In December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. ITA says that this change allows it to exercise the discretion intended by statute, and thereby develop a practice that will allow interested parties to pursue all statutory avenues of relief in this area. (See ITT's Online Archives 08121525 for summary of the interim final rule.)
2If the ITC makes a negative determination of injury, the investigations are terminated.
3These deadlines may be extended under the governing statute.
4This will take place only in the event of ITA final affirmative determinations.
5This will take place only in the event of ITA and ITC final affirmative determinations.
(See ITT's Online Archives 12111620 for summary of the ITA's receipt of the petition underlying the initiation of this investigation.)
ITA notice of initiation (FR Pub 12/12/12) available here.
ITA fact sheet available here.