Tungsten Parts Wyoming, Inc. filed the petition for the imposition of antidumping and countervailing (AD/CVD) duties on the imports of tungsten shot from China.
Unlike most AD/CVD petitions, the domestic industry has not yet been established, as the petitioner only began production last year. Thus, instead of arguing that Chinese imports are injuring the industry, the petitioner is claiming that the domestic industry has been “materially retarded” by reason of the allegedly unfair Chinese imports.
Full list of exporters. Full list of importers.
Background on AD/CVD Investigations
Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments.
Scope of the Investigation
This investigation pertains to certain tungsten shot. The physical characteristics of the covered product are tungsten shot that are 92.6 percent or greater tungsten by weight. 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. Full scope here.
Next Steps
The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.
As with any proceeding, participation is very important to protect your rights. We urge anyone who imports tungsten shot to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.
AD/CVD investigations can result in determinations adverse to respondent interests for years that could effectively prohibit access to the U.S. market. Failure to effectively participate in investigations can put exporters and importers at a significant disadvantage.
Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.
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