China Amorphous Silica Fabric: Commerce Begins Anti-Circumvention Inquiry
The Commerce Department is beginning an anti-circumvention inquiry to determine whether imports of certain amorphous silica fabric with 70%-90% silica content (70%-90% ASF) from China are circumventing the antidumping and countervailing duty orders on certain amorphous silica fabric with a silica content of at least 90% from China (A-570-038/C-570-039), it said in a notice released Nov. 23.
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The complaint alleges that the 70%-90% ASF has undergone minor alterations so that it can circumvent the duty orders. On Aug. 20, 2021, Auburn Manufacturing, Inc. (AMI) requested that Commerce initiate anti-circumvention inquiries with regard to 70%-90% ASF that is exported to the United States from China. The complaint alleges that 70%-90% ASF constitutes merchandise altered in form or appearance in such minor respects that it should be included within the scope of the duty orders on ASF with silica content of at least 90%. In addition, AMI alleges that 70%-90% ASF is later-developed merchandise and should be included within the scope of the duty orders.
Commerce said that after analyzing the record evidence and the AMI allegation, it determined that there is sufficient information to warrant the initiation of a minor alterations circumvention inquiry, but not a later-developed merchandise anti-circumvention inquiry. Therefore, this anti-circumvention inquiry covers ASF with silica content of 70%-90% produced in China and exported to the U.S.
Commerce will determine whether the merchandise subject to the inquiry is circumventing the orders such that it should be included within the scope of the orders. If Commerce issues a preliminary affirmative determination, it will then instruct CBP to suspend liquidation and require a cash deposit of estimated AD/CV duties, at the applicable rate, for each unliquidated entry of the merchandise at issue entered or withdrawn from warehouse for consumption on or after Nov. 24, the date of initiation of the inquiry. Commerce intends to issue its final determinations within 300 days of initiation.