U.S. Steel Industry Files New Trade Case Against Imports of Corrosion Resistant Steel From 10 Countries

The Petition

The U.S. Steel industry, including Steel Dynamics, Inc., Nucor Corporation, United States Steel Corporation (“U.S. Steel”), Wheeling-Nippon Steel, Inc., and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (the “USW”) (collectively “Petitioners”), asks the U.S. government to impose new antidumping and countervailing duties on imports of certain corrosion-resistant steel products (“CORE”) from 10 countries. As a result, imports of CORE from Australia, Brazil, Canada, Mexico, the Netherlands, South Africa, Taiwan, Turkey, the United Arab Emirates (the “UAE”), and Vietnam may become subject to antidumping duties (“AD”). Imports of CORE from Brazil, Canada, Mexico, and Vietnam may also become subject to additional countervailing duties (”CVD”).

The CORE covered by these petitions includes certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. The covered products include coils that have a width of 12.7 mm or greater, regardless of the form of the coil (e.g., in successively superimposed layers, spirally oscillating, etc.). Please see below for the full text of the proposed scope for the investigations.

Key Facts

Petitioners: Steel Dynamics, Inc., Nucor Corporation, U.S. Steel, Wheeling-Nippon Steel, Inc., and the USW.

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 petitions.

AD/CVD margins: Petitioners alleged the following AD and CVD margins:

• Australia: AD margins ranging from 45.50% to 51.35%.
• Brazil: AD margins ranging from 47.0% to 99.5%, and a CVD margin above de minimis.
• Canada: AD margins ranging from 19.1% to 51.3%, and a CVD margin above de minimis.
• Mexico: AD margins ranging from 26.67% to 41.08%, and a CVD margin above de minimis.
• The Netherlands: AD margins ranging from 12.8% to 20.6%.
• South Africa: AD margins ranging from 51.96% to 52.02%.
• Taiwan: AD margin of 67.9%.
• Turkey: AD margins ranging from 9.40% to 24.47%.
• UAE: AD margins ranging from 76.96% to 78.41%.
• Vietnam: AD margin of 158.83%, and a CVD margin above de minimis.

The Investigation

The Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”) will conduct the 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 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 an affirmative preliminary determination. In this case, the DOC’s preliminary determinations are currently expected by Nov. 29, 2024 (CVD) and Feb. 12, 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 cases. 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

The proposed scope of these investigations describes the subject merchandise as:

The products covered are certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. The products covered include coils that have a width of 12.7 mm or greater, regardless of the form of the coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products covered also include products not in coils (e.g., in straight lengths) of a thickness of 4.75 mm or more and a width exceeding 150 mm and measuring at least twice the thickness. The products described above may be rectangular, square, circular, or other shapes and include products of either rectangular or non-rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ‘‘worked after rolling’’ (e.g., products which have been beveled or rounded at the edges).

All products that meet the written physical description are within the scope of these investigations unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of these investigations:

• Flat-rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (“terne plate”) or both chromium and chromium oxides (“tin free steel”), whether or not painted, varnished, or coated with plastics or other non-metallic substances in addition to the metallic coating.
• Clad products in straight lengths of 4.7625 mm or more in composite thickness and of a width which exceeds 150 mm and measures at least twice the thickness.
• Certain clad stainless flat-rolled products, which are three-layered corrosion-resistant carbon steel flat-rolled products less than 4.75 mm in composite thickness that consist of a carbon steel flat-rolled product clad on both sides with stainless steel in a 20%-60%-20% ratio.

Also excluded from the scope of the antidumping duty investigation on corrosion-resistant steel from Taiwan are any products covered by the existing antidumping duty order on corrosion-resistant steel from Taiwan. See Certain Corrosion-Resistant Steel Products From India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 Fed. Reg. 48,390 (Dep’t Commerce July 25, 2016).

CORE subject to the order are typically classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 7210.30.0030; 7210.30.0060, 7210.41.0000. COREs subject to the order may also enter under HTSUS subheading 8703.90.0100. CORE that are subject to the order typically enter under HTSUS subheadings 7210.90.1000, 7215.90.1000. The HTSUS subheadings are provided for convenience and customs purposes only, and the written description of the merchandise subject to the order is dispositive.

Approximate Key Dates*
Antidumping Duty Investigation
Event	No. of Days	Date of Action
Petition Filed	0	9/5/2024
DOC Initiation Date	20	9/25/2024
DOC Q&V Questionnaires	44	** 10/19/2024
ITC Preliminary Determination	45	** 10/20/2024
DOC Separate Rate Applications	50	10/25/2024
DOC Preliminary AD Determination	160	2/12/2025
DOC Final AD Determination	235	4/28/2025
ITC Final AD Determination	280	6/12/2025
DOC AD Publication of Order	287	6/19/2025
Countervailing Duty Investigation
Event	No. of Days	Date of Action
Petition Filed	0	9/5/2024
DOC Initiation Date	20	9/25/2024
DOC Q&V Questionnaires	44	** 10/19/2024
ITC Preliminary Determination	45	** 10/20/2024
DOC Preliminary CVD Determination	85	11/29/2024
Request for a DOC Hearing	122	** 1/5/2025
DOC Final CVD Determination	160	2/12/2025
ITC Final CVD Determination	205	** 3/29/2025
DOC CVD Publication of Order	212	** 4/5/2025

* All deadlines are approximate and may change throughout the course of an investigation. Contact Clark Hill for current updates and details.

** Indicates a deadline that currently falls on a weekend or Federal holiday, which will be extended to the next business day.

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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