Commerce Publishes Quarterly List of AD/CVD Scope and Circumvention Rulings

Scope Rulings

Stainless Steel Sheet and Strip in Coils from Japan, the Republic of Korea, and Taiwan (A-583-831, A-580-834, A-588-845, and C-580-835)

Precision Hose, Inc; The imported strip at issue meets the physical characteristics of the strip in coils covered by the scope and does not qualify for the cut-to-length exclusion; Aug. 28, 2017.

1,1,1,2-Tetraflouroethane (R-134a) from China (A-570-044)

BMP International Inc. (BMP). Commerce determined that R-134a produced in Japan and sent to a foreign-trade zone (FTZ) in China for repackaging prior to shipment to the United States, as imported by BMP, is of Japanese origin, and is, thus, not covered by the scope of the Order because the product is merely repackaged in the China and not altered such that the physical characteristics of the product change because of repackaging at the FTZ; Sept. 25, 2017.

Aluminum Extrusions from China (A-570-967 and C-570-968)

Whirlpool Corporation’s refrigerator shelves meet the criteria for “finished merchandise” and are, therefore, not subject to the scope of the Orders; July 19, 2017 (see 1708160066).

Certain Artist Canvas from China (A-570-899)

Commerce determined that Ningbo Conda’s exports of artist canvases which are woven in India and primed in Cambodia before being further processed (i.e., cut, stretched, framed, or packaged) in China are outside the scope of the Order; Sept. 25, 2017.

Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China (A-570-958 and C-570-959)

Chenming International Inc. In a prior scope ruling, Commerce found that packaging paperboard products with a thickness greater than 310 μm and a density of less 0.70 g/cm3 are not suitable for high-quality print graphics and, thus, are not covered by the scope of the Orders. Therefore, based on record evidence and this prior scope ruling, Commerce determined that Chenming’s C1S Poplar Super FBB packaging paperboard product is not covered by the scope of the Orders, as C1S Poplar Super FBB has a thickness greater than 310 μm and a density of less 0.70 g/cm3; Sept. 5, 2017 (see 1709250041).

Certain Frozen Warmwater Shrimp from China (A-570-893)

ACC Foods’ Chinese-style prepackaged shrimp dumplings and shrimp Chinese chive dumplings are not covered by the scope under the exclusion for prepared meals; Aug. 2, 2017 (see 1708070033).

High Pressure Steel Cylinders from China (A-570-977 and C-570-978)

Kivlan & Company, Inc. (dba Dynatemp International Inc.); Kivlan’s empty DOT-39 cylinders are not covered by the scope because the plain language of the scope does not include 3 DOT-39 cylinders; July 17, 2017 (see 1708160064).

Non-Malleable Cast Iron Pipe Fittings from China (A-570-875)

Star Pipe’s ductile iron flanges identified by the product codes FLD02SP, FLD03SP, FLD04SP, FLD0403, FLD0604, FLD0804, FLDTFS02, FLDTFS03, FLDTFS04, FL250D03, and FL250D04 are within the scope of the order; Aug. 17, 2017 (see 1709190039).

Non-Malleable Cast Iron Pipe Fittings from China (A-570-875)

Continental Automotive Systems’ EEGR base identified by the product code GM-EEGR Base 440-389136 is not within the scope of the Order on non-malleable cast iron pipe fittings from China; Sept. 18, 2017 (see 1709290020).

Polyethylene Retail Carrier Bags from China (A-570-886)

Pan Pacific Plastics Manufacturing’s Seal2Go Model A bag is outside the scope of the order; Sept. 21, 2017.

Raw Flexible Magnets from China A-570-922 and C-570-923)

Tatco Products’ plastic pockets are outside of the scope of the orders on flexible magnets from China because they are neither bonded nor laminated to requisite material; Aug. 14, 2017 (see 1709180058).

Raw Flexible Magnets from China (A-570-922 and C-570-923)

Tatco Products’ non-printed magnetic label holders are within the scope and the magnetic label holder (with the zebra print design), is outside the scope of the orders; Aug. 23, 2017 (see 1708280027).

Raw Flexible Magnets from People’s Republic of China and Taiwan (A-570-922, C-570-923 and A-583-842)

Omix-Ada, Inc.; Commerce found the two magnetic panel protector kits (2007-2017. 2-Door Jeep® Wrangler vehicles and 2007-2017. 2-Door Jeep® Wrangler vehicles), which are imported by Omix-Ada and designed and fabricated to be affixed to the sides of Jeep® Wranglers to provide temporary protection when the vehicle is off-roading, to be within the scope of the orders. Commerce found the shape, partial lamination, and end-use of the panel protectors did not result in them being outside the scope of the orders; Aug. 4, 2017 (see 1708280029).

Steel Nails from China (A-570-909)

Midwest Fastener Corp’s strike pin anchors are within the order because the scope of the order includes nails of two or more pieces, which is consistent with the International Trade Commission’s definition of the domestic like product; Aug. 2, 2017.

Steel Threaded Rod from China (A-570-932)

Star Pipe’s steel threaded rod components of 216 joint restraint kits are covered by the scope because they fall within the written description of the scope of the order, regardless of whether the steel threaded rod is included in a joint restraint kit; July 31, 2017 (see 1708220038).

A-570-890: Wooden Bedroom Furniture from China

C&T International’s Sorelle Petite Paradise Collection Infant Organizer/Storage Unit (Organizer) is covered by the scope of the antidumping duty order on wooden bedroom furniture (WBF) from China because the Organizer has physical characteristics that allow for clothing storage and the Organizer's characteristics are consistent with those of subject WBF; Aug. 21, 2017 (see 1708300035).

Anticircumvention Determinations

Aluminum Extrusions from China (A-570-967 and C-570-968)

Requested by Trending Imports LLC: In a concurrent anti-circumvention final determination, Commerce found that heat-treated extruded aluminum products from China that meet the chemical specifications for 5050 grade aluminum alloy, regardless of producer, exporter, or importer, constitute later-developed merchandise that is circumventing the Orders, and is thus included within the scope of the Orders. As a result, Commerce determined that 5050 series products imported by Trending are covered by the scope of the Orders, to the extent they are heat-treated extruded aluminum products that meet the chemical specifications for 5050 grade aluminum alloy; July 20, 2017.

Aluminum Extrusions from China (A-570-967 and C-570-968)

Requested by Kota International, LTD: In a concurrent anti-circumvention final determination, Commerce found that heat-treated extruded aluminum products from China that meet the chemical specifications for 5050 grade aluminum alloy, regardless of producer, exporter, or importer, constitute later-developed merchandise that is circumventing the Orders, and is thus included within the scope of the Orders. As a result, Commerce determined that aluminum extrusions made from ACS-50 aluminum alloy material tempered through heat treating imported by Kota are covered by the scope of the Orders; July 20, 2017 (see 1707250012).

Aluminum Extrusions from China (A-570-967 and C-570-968)

Requested by The Aluminum Extrusions Fair Trade Committee: Heat-treated extruded aluminum products that meet the chemical specifications for 5050-grade aluminum alloy, regardless of producer, exporter, or importer, constitute later-developed merchandise, and are circumventing the antidumping and countervailing duty orders on aluminum extrusions from China; July 26, 2017 (see 1707250012).

Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal (A-602-807, A-351-842, A-570-022, C-570-023, A-560-828, C-560-829, A-471-807)

Requested by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union; Domtar Corporation; Finch Paper LLC; P.H. Glatfelter Company; and Packaging Corporation of America: Imports of uncoated paper with a GE brightness of 83 +/- 1%, otherwise meeting the description in-scope merchandise, constitute merchandise “altered in form or appearance in minor respects” from in-scope merchandise and are subject to the AD and CVD orders on certain uncoated paper; Sept. 1, 2017 (see 1708310018).

(Federal Register 03/14/19)