Canada Sodium Sulfate Anhydrous: New AD Duty Investigation Deadlines & Scope
The Commerce Department issued a notice in the Federal Register on its recently initiated antidumping duty investigation on sodium sulfate anhydrous from Canada (A-122-866). The agency will determine whether imports of merchandise subject to this investigation are being sold in the U.S. at less than fair value. The period of investigation is Jan. 1, 2018, through Dec. 31, 2018.
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The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped sodium sulfate anhydrous are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due May 13, the investigation will immediately end. Conversely, if Commerce finds dumping in the preliminary determination of this investigation, currently due in September, it will set AD 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 duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.
Respondent Selection
Commerce said it will pick respondents for its AD duty investigations based on CBP import data. The petition requesting this investigation identified Saskatchewan Mining and Minerals Inc. (SSM) and TODA Advanced Materials, Inc. as Canadian exporters subject to the investigation.
Scope of the AD/CVD Investigations
The scope of this investigation covers sodium sulfate (Na2SO4) (Chemical Abstracts Service (CAS) Number 7757-82-6) that is anhydrous (i.e., containing no water), regardless of purity, grade, color, production method, and form of packaging, in which the percentage of particles between 20 mesh and 100 mesh, based on U.S. mesh series screens, ranges from 10% to 95% and the percentage of particles finer than 100 mesh, based on U.S. mesh series screens, ranges from 5% to 90%.
Excluded from the scope of this investigation are specialty sodium sulfate anhydrous products, which are products whose particle distributions fall outside the described ranges. Glauber’s salt (Na2SO4 10H2O), also known as sodium sulfate decahydrate, an intermediate product in the production of sodium sulfate anhydrous that has no known commercial uses, is not included within the scope of the investigation, although some end-users may mistakenly refer to sodium sulfate anhydrous as Glauber’s salt. Other forms of sodium sulfate that are hydrous (i.e., containing water) are also excluded from the scope of the investigation.
The merchandise subject to this investigation is classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2833.11.5010. Subject merchandise may also be classified under 2833.11.1000, 2833.11.5050, and 2833.19.0000. Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.
Comments on the scope of the investigation are due by May 7.
Investigations Timetable
| Event | AD Duty |
|---|---|
| Petitions filed | 03/28/19 |
| DOC initiation date | 04/17/19 |
| ITC prelim determinations* | 05/13/19 |
| DOC prelim determinations† | 09/04/19 |
| DOC final determinations† | 11/18/19 |
| ITC final determinations‡ | 01/02/20 |
| Issuance of orders+ | 01/09/20 |
*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 1904020015 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)
The Commerce Department fact sheet on the initiation of these investigations is (here).
(Federal Register 04/24/19)