Today, the U.S. Department of Commerce announced the initiation of new antidumping duty (AD) investigations to determine whether polyethylene terephthalate sheet (PET sheet) from the Republic of Korea, Mexico, and the Sultanate of Oman are being dumped in the United States.
These investigations were initiated based on petitions filed on July 9, 2019 by Advanced Extrusions, Inc. (Rogers, MN), Ex-Tech Plastics, Inc., (Richmond, IL), and Multi-Plastics Extrusions, Inc. (Hazleton, PA).
The alleged dumping margins are:
- Korea – 44.13 to 52.01 percent
- Mexico – 27.60 to 115.46 percent
- Oman – 75.02 to 114.43 percent
If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped U.S. imports of PET sheet from Korea, Mexico, and Oman are causing injury to the U.S. industry, Commerce will then impose duties on those imports in the amount of dumping found to exist.
In 2018, imports of PET sheet from Korea, Mexico, and Oman were valued at an estimated $90 million, $88.5 million, and $208.3 million, respectively.
Click HERE for a fact sheet on these initiations.
During Commerce’s investigations into whether PET sheet from Korea, Mexico, and Oman are being dumped in the U.S., the ITC will conduct its own investigations into whether the U.S. industry and its workforce are being harmed by such imports. The ITC will make its preliminary determinations on or before September 13, 2019. If the ITC preliminarily determines that there is injury or threat of injury, then Commerce’s investigations will continue, with the preliminary determinations scheduled for January 6, 2020, unless the deadline is extended.
If Commerce preliminarily determines that dumping is occurring, then it will instruct U.S. Customs and Border Protection to start collecting cash deposits from all U.S. companies importing PET sheet from Korea, Mexico, and Oman.
Final determinations by Commerce in these cases are scheduled for March 23, 2020, but that date may be extended. If Commerce finds that products are not being dumped, or the ITC finds in its final determinations there is no harm to the U.S. industry, then the investigations will be terminated and no duties will be applied.
The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. Since the beginning of the current Administration, Commerce has initiated 182 new antidumping and countervailing duty investigations – a 231 percent increase from the comparable period in the previous administration.
Antidumping and countervailing duty laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of the unfair pricing of imports into the United States. Commerce currently maintains 492 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.
The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade law and does so through an impartial, transparent process that abides by international law and is based on factual evidence provided on the record.
Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties. Companies that receive unfair subsidies from their governments, such as grants, loans, equity infusions, tax breaks, or production inputs, are subject to countervailing duties aimed at directly countering those subsidies.