10/9/2009
NEWS BRIEFS
Details Emerge on Scope of U.S. Antidumping Case Against China and Taiwan
Stainless, Aerospace and Automotive Fasteners Excluded
(Courtesy Nucor Fastener)
Fastener importers and distributors in the U.S. are scrambling to get more information about the scope of the antidumping and countervailing petitions filed by Nucor Fastener.
Attorneys for Nucor Fastener are currently hammering out the extent of the petitions’ scope with the U.S. Department of Commerce.
“We’re in the final stages of getting the scope defined,” Nucor Fastener attorney Daniel Pickard told FIN.
Reached by phone at the offices of law firm Wiley Rein in Washington DC, Pickard tried to clarify the scope in general terms. “The heart of this investigation is focused on standard bolts, standard cap screws and standard nuts,” Pickard explained.
The scope of Nucor Fastener’s petitions includes “ASTM A194, ASTM A307, ASTM A307A, ASTM A325, ASTM A325M, ASTM A325T, ASTM A325-3, ASTM A354, ASTM A354 (grade BD), ASTM A449, ASTM A490, ASTM A490-3, ASTM A563 (grades C, C3, DH, and DH3), ASTM F568, ASTM F1852, ASTM F2280, SAE 2, SAE 5, SAE 8, SAE J429, SAE J1199, ISO 898-1, ISO 898-2, ISO 4759-1, ISO 8992, and the IFI’s ‘Inch Fastener Standards’ and ‘Metric Fastener Standards.'”
In other words, “bolts and cap screws with a full or nominal diameter of 6 millimeters or more,” as well as standard nuts, Pickard emphasized.
All stainless steel fasteners are excluded from the scope. Also excluded are “proprietary or modified fasteners” made to aerospace and automotive OEM specs and consumed by those OEMs.
“These cases aren’t about cutting out imports, but making sure those imports are being brought in at fair prices,” Pickard told FIN.
“This used to be a far broader industry than it is today,” he added.
Pickard said domestic manufacturers have displayed “a real show of support” for the petitions.
The reaction from importers is understandably different. A group of importers and master distributors have banded together to collectively respond to the petitions, which allege average dumping margins of 145% for Chinese imports, and 74% for imports from Taiwan.
“We believe that the scope as outlined is too broad and the relief being sought too great,” Heads and Threads International vice president of materials Joe Peplinski told FIN. “A ruling in favor of the petitioner will likely result in price increases on affected products and will generally be detrimental to our industry and consumers.”
Several prominent importers have committed to testify before the trade commission on October 14, 2009, at 9:30 am in DC.
During that conference, both Nucor and those who oppose the petitions will have about one hour each to present testimony support their positions in the cases.
Parties wishing to participate in the conference should contact Joshua Kaplan (202-205-3184) not later than October 9, 2009, to arrange an appearance.
Any person may submit to the Commission on or before October 19, 2009, a written brief containing information and arguments pertinent to the subject matter of the investigations. These briefs must be mailed to: United States International Trade Commission, Office of Investigations, Room 615, 500 E Street SW, Washington, DC 20024.
U.S. ITC investigator Joshua Kaplan’s report on material injury to the domestic fastener industry is due on November 2, 2009, with a trade commission vote scheduled for November 6. A preliminary determination in the case must be issued by November 9, unless the Commerce Department extends the time for initiation.
Preliminary findings are due by November 17 at the Commerce Department by, which will take a couple of months to determine the “extent of unfair pricing” before making a preliminary ruling. A final dumping and countervailing ruling by the Commerce Department follows roughly six months after its preliminary decision is announced.
The last stage of the cases involves a final procedure by the U.S. ITC, which includes a formal hearing before the full trade commission. All testimony at this proceeding will be given under oath, with the commission’s final determination due in September 2010 – approximately one year after the petitions were filed. ©2009 GlobalFastenerNews.com
Related Stories:
• Fastener Industry Responds to AD & Countervailing Petitions
• Nucor Fastener Files Antidumping Case Against Fasteners from China and Taiwan
• China Requests WTO Panel To Investigate EU Screw Tariffs
• U.S. Commerce Dept. Initiates Investigation on Standard Fastener Imports from China and Taiwan
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