Commerce Amends final dumping margins on AD order on carbon and alloy steel wire rod from Turkey

Trade and Tariffs, Trade Cases

From Fred Waite and Kim Young, AWPA Counsel

As the result of a decision by the US Court of International Trade (CIT), the US Department of Commerce (DOC) has amended the final dumping margins for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) and all other producers/exporters in the antidumping (AD) order on carbon and alloy steel wire rod from Turkey.  The DOC has also revoked the AD order with respect to Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. (Habas).

In the AD investigation of Turkey, the DOC had originally calculated final dumping margins of 4.93% for Habas, 7.94% for Icdas, and 6.44% for all other producers / exporters.  Both Habas and Icdas appealed the DOC’s final determinations to the CIT, and the CIT subsequently directed the DOC to recalculate the duty drawback adjustments for both companies.

Following the CIT’s instructions, the DOC has now calculated the following final dumping margins:

  • Habas             0.00%
  • Icdas               4.44%
  • All Others      4.44%

Accordingly, the DOC has revoked the AD order on wire rod produced and exported by Habas, effective May 29, 2021.

The DOC has also amended the dumping duty margins for Icdas and all other producers / exporters to 4.44%.  Because there is a countervailing duty (CVD) offset attributable to export subsidies, the dumping duty cash deposit rate for Icdas and all other producers / exporters is 0.65%.

For your reference, the CVD deposit rates for wire rod from Turkey are:

  • Habas           3.88%
  • Icdas             3.81%
  • Others          3.85%

Please note that there may be an appeal of the CIT’s decision to the US Court of Appeals for the Federal Circuit (CAFC).  If there is an appeal, it usually takes the CAFC at least one year to complete its appeal process and issue a decision.

In the meantime, the DOC will instruct CBP to suspend liquidation of any entries of merchandise produced and exported by Habas on or after May 30, 2021 (at a cash deposit rate of 0.00 percent), pending a possible appeal to the CAFC.