On March 9, 2016, an antidumping (AD) petition was filed with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC), regarding phosphor copper from Korea. The petition was filed by Metallurgical Products Company.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers, by either increasing prices, and/or decreasing supply, of phosphor copper.

Scope:

The petitioners propose the following scope of investigation:

The merchandise covered by this investigation is master alloys1 of copper containing 5 percent or more of phosphorus by weight, regardless of form (including but not limited to shot, pellet, waffle, ingot, or nugget), and regardless of size or weight. Subject merchandise consists predominantly of copper, and may contain other elements, including but not limited to iron (Fe), lead (Pb), or tin (Sn), in small amounts (up to 1 percent by weight).

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7405.00.1000. This HTSUS subheading is provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

Alleged Dumping Margins:

Petitioner alleges dumping margins ranging from 13.76 percent to 60.73 percent.

Estimated Schedule of Investigations:

March 9, 2016 – Petition is filed
March 29, 2016 – DOC initiates investigation
March 30, 2016 – ITC staff conference
April 25, 2016 – Deadline for ITC preliminary injury determination
August 16, 2016 – Deadline for DOC preliminary AD determination, if deadline is NOT postponed
October 5, 2016 – Deadline for DOC preliminary AD determination, if deadline is fully postponed
February 17, 2017 – Deadline for DOC final AD determination, if both preliminary and final determinations are fully postponed
April 3, 2017 – Deadline for DOC final injury determination, assuming fully postponed DOC deadlines

For further information, contact Douglas J. Heffner or Richard P. Ferrin, or any other member of the Customs and International Trade Team.

1 A “master alloy” is a base metal, such as copper, to which a relatively high percentage of one or two other elements is added.

Source: Client Alert