US DOC rules boron-added materials within scope of AD order against Chinese plate

On Tuesday, July 14, the US Department of Commerce (DOC) announced the preliminary result of its anticircumvention inquiry regarding the antidumping order against cut-to-length (CTL) carbon steel plate from China.

The DOC had initiated this inquiry after receiving a complaint from the US' domestic industry that the chemistry of subject plate from China had been altered by the addition of small amounts of boron (i.e., 0.0008 percent or more) for the purpose of avoiding dumping duties. The addition of boron changes the tariff classification of the plate from carbon steel to alloy steel, and alloy steel plate is not subject to the current scope of the antidumping order.

The DOC has made an affirmative preliminary determination that:

(a) Imports of cut-to-length carbon steel plate with 0.0008 percent or more boron, produced by Tianjin Iron and Steel Co., Ltd. -- regardless of the exporter or importer of the merchandise -- are within the scope of the antidumping order against China; and

(b) Imports of cut-to-length carbon steel plate with 0.0008 percent or more boron, imported by Toyota Tsusho America -- regardless of the producer or exporter of the merchandise -- are within the scope of the antidumping order against China.

The DOC has also directed US Customs and Border Protection to require the deposit of dumping duties for entries of such merchandise, effective October 20, 2008, the date on which the DOC initiated this anticircumvention inquiry.

Interested parties have until August 3 to submit comments on the DOC's preliminary determination.