U.S. Producers File New Trade Case Against Imports of Active Anode Material from the People’s Republic of China
The Petition
American Active Anode Material Producers (“AAAMP” or “Petitioner”) filed a new petition against imports of active anode material from China, alleging that the imports are dumped and unfairly subsidized. The petition asks the U.S. government to impose antidumping (“AD”) and countervailing duties (“CVD”) on these imports from China.
Active anode material is most commonly used as the primary component in the anode of lithium-ion batteries. The anode of a lithium-ion battery must be made with active anode material, often combined with silicon. In contrast, the cathode of lithium-ion batteries can be made from a variety of metal oxides, including lithium cobalt oxide, lithium manganese oxide, lithium iron phosphate, or lithium nickel manganese cobalt oxide. Lithium-ion batteries are used to power electric vehicles, consumer electronics, medical equipment, and other applications. Please see below for the full text of the proposed scope for the investigations.
Key Facts
Petitioner: American Active Anode Material Producers
Foreign Producers/Exporters and U.S. Importers: Please contact Clark Hill’s international trade team for a listing of individual importers and exporters named in the petition.
AD/CVD margins: Petitioner alleged the following AD and CVD margins:
- China: AD margins from 828% to 921%, ad valorem, and a CVD margin above de minimis.
The Investigation
The U.S. Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”) will conduct investigations. The ITC will determine if there is a reasonable indication that the imports are injuring or threatening to injure the U.S. industry. The DOC will then determine whether imports are being dumped or unfairly subsidized and will calculate corresponding AD and CVD duty margins that importers will need to pay on their entries.
Importers will be required to deposit the calculated AD/CVD duties on their imports as of the date that the DOC publishes its affirmative preliminary determination in the Federal Register. In this case, the DOC’s preliminary determinations are currently expected by March 13, 2025 (CVD) and May 27, 2025 (AD). Importers should be aware that entries may be subject to cash deposits before these dates if the DOC finds that there is a surge of imports after the petition was filed.
Next Steps
All U.S. importers and foreign producers are advised to prepare as soon as possible due to the strict statutory deadlines in these investigations. If this product is of interest to you, please contact Clark Hill’s international trade team so that we can provide you with additional information.
A schedule of approximate key dates is attached below.
The Scope
This investigation pertains to active anode material. The physical characteristics of the covered product, which define the scope, are as follows:
The merchandise covered by this investigation includes:
Active anode material, whether synthetic, natural, or a blend of synthetic or natural; with or without coating; regardless of whether in powder, dry, liquid, or any other form. Subject merchandise typically has a maximum size of 80 microns. Subject merchandise has an energy density of 330 milliamp hours per gram or greater and a degree of graphitization of 80% or greater.
Subject merchandise can be referred to as “active anode material.” The subject merchandise is covered regardless of whether it is mixed with silicon-based active materials, e.g., silicon oxide (SiOx), silicon-carbon (SiC), or silicon, or additives such as carbon black or carbon nanotubes. The subject merchandise is covered regardless of the combination of compounds that comprise the graphite material; the graphite contained in the subject merchandise has a minimum purity content of 90% carbon. The subject merchandise is covered regardless of whether it is imported independently, as part of a compound, in a battery, as a component of an anode slurry, or in a subassembly of a battery such as an electrode.
Active anode material subject to the investigations may be classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 2504.10.5000 and 3801.10.5000. Subject merchandise may also be entered under HTSUS subheading 3801.90.0000. The HTSUS subheadings are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.
| Approximate Key Dates* | ||
| Antidumping Duty Investigation | ||
| Event | No. of Days | Date of Action |
| Petition Filed | 0 | 12/18/2024 |
| DOC Initiation Date | 20 | 1/7/2025 |
| DOC Q&V Questionnaires | 44 | 1/31/2025 |
| ITC Preliminary Determination | 45 | 2/3/2025** |
| DOC Separate Rate Applications | 50 | 2/6/2025 |
| DOC Preliminary AD Determination | 160 | 5/272025 |
| DOC Final AD Determination | 235 | 8/11/2025** |
| ITC Final AD Determination | 280 | 9/24/2025 |
| DOC AD Publication of Order | 287 | 10/1/2025 |
| Countervailing Duty Investigation | ||
| Event | No. of Days | Date of Action |
| Petition Filed | 0 | 12/18/2024 |
| DOC Initiation Date | 20 | 1/7/2025 |
| DOC Q&V Questionnaires | 44 | 1/31/2025 |
| ITC Preliminary Determination | 45 | 2/3/2025** |
| DOC Preliminary CVD Determination | 85 | 3/13/2025 |
| Request for a DOC Hearing | 122 | 4/21/2025** |
| DOC Final CVD Determination | 160 | 5/27/2025 |
| ITC Final CVD Determination | 205 | 7/11/2025 |
| DOC CVD Publication of Order | 212 | 7/18/2025 |
Contact Clark Hill
If you have any questions regarding the content of this alert, please contact Mark Ludwikowski (mludwikowski@clarkhill.com; 202-640-6680), Kevin Williams (kwilliams@clarkhill.com; 312-985-5907), Aristeo Lopez (alopez@clarkhill.com; 202-552-2366), Kelsey Christensen (kchristensen@clarkhill.com; 202-640-6670), Sally Alghazali (salghazali@clarkhill.com; 202-572-8676), or other members of Clark Hill’s International Trade Business Unit.
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