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U.S. Industry Files Appeal of Antidumping Duty Margins Calculated for Chandan Steel Ltd., an Indian Producer of Stainless Steel Flanges
Washington, DC — Yesterday, the Coalition of American Flange Producers (Coalition), an association of U.S. stainless steel flange manufacturers, filed an appeal with the U.S. Court of International Trade challenging the final antidumping duty determination of the Department of Commerce (Commerce) in its recently concluded investigation of stainless steel flanges from India. Following affirmative determinations by both Commerce and the U.S. International Trade Commission, an antidumping duty order was issued on stainless steel flanges from India in October 2018. Commerce calculated dumping margins as high as 145.25% for certain Indian producers including Bebitz Flange Works Pvt. Ltd. and its affiliate Viraj Profiles Limited.
“We are pleased that an antidumping duty order was issued, but it is critical to the effectiveness of the order that the antidumping margins calculated reflect the full amount of dumping by all producers,” said Dan Pickard, a partner in Wiley Rein LLP’s International Trade Practice and counsel to the Coalition. “We believe that the margin calculated for one Indian producer in particular, Chandan Steel, fails to capture the full extent to which this company has been engaging in unfair pricing,” Mr. Pickard added.
The duties currently in place are only cash deposits. Final duty liability will not be determined until the end of the first administrative review, which will likely not conclude until approximately May 2021.
“Importers of stainless steel flanges from India, including those from Bebitz Flange Works Pvt. Ltd., Viraj Profiles Limited, Chandan, and other Indian producers will owe duties to be paid retroactively but final liability will not be known for more than two years,” said Mr. Pickard.
If the Coalition’s challenge is successful, a substantially higher cash deposit could be required by importers of Indian stainless steel flanges moving forward.