China Ammonium Sulfate: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on ammonium sulfate from China (A-570-049/C-570-050). The agency will determine whether imports of Chinese ammonium sulfate are being sold in the U.S. at less than fair value or are illegally subsidized. The period under investigation in the CV duty case is Jan. 1, 2015, through Dec. 31, 2015. In the AD duty investigation, it's Oct. 1, 2015 through March 31, 2016.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized ammonium sulfate are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due July 11, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in August for CV duties and November for AD duties, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.
If duties are imposed, Chinese producers and exporters who do not demonstrate independence from government control and request eligibility for a "separate rate" will be assigned the "China-wide rate," which can reach over 200 percent for some products. Separate rate applications from Chinese producers and exporters (here) are due on or about July 22.
AD/CVD Respondent Selection
Commerce will send quantity and value questionnaires to each potential respondent to the AD duty investigation, and will base respondent selection on the responses it receives. Chinese exporters that don't get a quantity and value questionnaire can still submit one. Commerce will post the quantity and value questionnaire (here). Responses are due on or about June 28.
In the CV duty investigation, Commerce will select respondents based on CBP data. Comments on respondent selection in the CV duty investigation are due June 29.
Scope of the AD/CVD Investigations
The merchandise covered by this investigation is ammonium sulfate in all physical forms, with or without additives such as anti-caking agents. Ammonium sulfate, which may also be spelled as ammonium sulphate, has the chemical formula (NH4)2SO4.
The scope includes ammonium sulfate that is combined with other products, including by, for example, blending (i.e., mixing granules of ammonium sulfate with granules of one or more other products), compounding (i.e., when ammonium sulfate is compacted with one or more other products under high pressure), or granulating (incorporating multiple products into granules through, e.g., a slurry process). For such combined products, only the ammonium sulfate component is covered by the scope of this investigation.
Ammonium sulfate that has been combined with other products is included within the scope regardless of whether the combining occurs in countries other than China.
Ammonium sulfate that is otherwise subject to this investigation is not excluded when commingled (i.e., mixed or combined) with ammonium sulfate from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this investigation.
The Chemical Abstracts Service (CAS) registry number for ammonium sulfate is 7783-20-2.
The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3102.21.0000. Although this HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.
Comments on Scope Due by July 5
Comments on the scope of these investigations are due by July 5.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 05/25/16 | 05/25/16 |
| DOC initiation date | 06/14/16 | 06/14/16 |
| ITC prelim determinations* | 07/11/16 | 07/11/16 |
| DOC prelim determinations† | 11/01/16 | 08/18/16 |
| DOC final determinations† | 01/17/17 | 11/01/16 |
| ITC final determinations‡ | 03/01/17 | 12/16/16 |
| Issuance of orders+ | 03/08/17 | 12/23/16 |
*If the ITC makes a negative determination of injury, the investigations are terminated.
†These deadlines may be extended under the governing statute.
‡This will take place only in the event of Commerce Department final affirmative determinations.
+This will take place only in the event of Commerce and ITC final affirmative determinations.
(See 1605250027 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The AD duty initiation notice is (here).
The CV duty initiation notice is (here).
The Commerce Department fact sheet on the initiation of these investigations is (here).