China Tungsten Shot: New AD/CVD Investigations Deadlines & Scope
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on tungsten shot from China (A-570-178/C-570-179). The CVD investigation covers entries Jan. 1 - Dec. 31, 2023. The AD investigation covers entries Jan. 1, 2024 - June 30, 2024.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized tungsten shot from China are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Aug. 26, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in October for CVD and December for AD, it will set AD and/or CVD 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 CVD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially change AD/CVD cash deposit rates.
If duties are imposed, Chinese producers and exporters that don't demonstrate independence from government control and request eligibility for a “separate rate” will be assigned the antidumping duty “China-wide rate,” which can reach more than 200% for some products. Separate rate applications from Chinese producers and exporters are available here. Separate rate applications will be due Sept. 12.
AD/CVD Respondent Selection
For its AD/CVD investigations, Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Exporters that don't get a quantity and value questionnaire can submit one using forms on Commerce's website. Responses are due Aug 20.
Scope of the AD/CVD Investigations
“The merchandise covered by the investigation is certain tungsten spheres or balls, also known as shot, that are 92.6 percent or greater tungsten by weight, not including the weight of any additional coating. In scope shot have a diameter ranging from 1.5 millimeters (mm) to 10.0 mm. Subject shot can be referred to as ‘Tungsten Super Shot.’ Merchandise is covered regardless of the combination of compounds that comprise the non-tungsten material and whether or not the tungsten shot is additionally coated with another material, including but not limited to copper, nickel, iron, or metallic alloys.
“Tungsten shot subject to the investigation may be classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheading: 9306.29.0000. Merchandise may also be entered under HTSUS subheading 8101.99.8000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive.”
Comments on the scope of these investigations are due by Aug. 26.
Investigations Timetable
| Event | AD Duty | CV Duty |
|---|---|---|
| Petitions filed | 07/10/24 | 07/10/24 |
| DOC initiation date | 08/06/24 | 08/06/24 |
| ITC prelim determinations | 08/26/24 | 08/26/24 |
| DOC prelim determinations | 12/24/24 | 10/10/24 |
| DOC final determinations | 03/10/25 | 12/24/24 |
| ITC final determinations | 04/24/25 | 02/07/25 |
| Issuance of orders | 05/01/25 | 02/14/25 |
These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See (2407160029) for a summary of the petition requesting these investigations.