On January 18, 2023, Cleveland Cliffs Inc. and the United Steelworkers Union filed antidumping (AD) and countervailing duty (CVD) petitions against U.S. imports of certain tin- and chromium-coated steel sheet mill products (“tin mill products”) from Canada, China, Germany, Netherlands, South Korea, Taiwan, and the United Kingdom. Tin mill products are used primarily to make cans for food, aerosol, paint, filtration and line applications, and caps and closures for glass containers.
Tin mill products are already subject to Section 232 tariffs of 25 percent that were imposed on imports of steel and aluminum products from all countries. Certain countries, including Canada, the European Union member states and the United Kingdom have been granted exemptions from these Section 232 tariffs.
Tin mill products from China are not only subject to the Section 232 steel tariffs, but also are subject to an additional 7.5 percent tariff from the Section 301 tariffs on Chinese imports.
Despite these existing tariffs, the U.S. industry seeks additional AD/CVD duties to further protect them from import competition. Demand for tin mill products has steadily shrunk as companies have developed substitute packaging products to replace tin cans or developed can designs that reduce the amount of steel used.
The U.S. Department of Commerce (“DOC”) and U.S. International Trade Commission (“ITC”) will conduct investigations to further examine the allegations made in the petition. DOC will investigate whether the named subject imports are being sold to the United States at less than fair value (“dumping”) or benefit from unfair government subsidies. ITC will investigate whether the subject imports are causing “material injury” or “threat of material injury” to the domestic industry.
The petition proposes the scope of the merchandise to be covered by these AD/CVD investigations as:
“tin mill flat-rolled products that are coated or plated with tin, chromium, or chromium oxides. Flat-rolled steel products coated with tin are known as tinplate. Flat-rolled steel products coated with chromium or chromium oxides are known as tin-free steel or electrolytic chromium-coated steel. The scope includes all the noted tin mill products regardless of thickness, width, form (in coils or cut sheets), coating type (electrolytic or otherwise), edge (trimmed, untrimmed or further processed, such as scroll cut), coating thickness, surface finish, temper, coating metal (tin, chromium, chromium oxide), reduction (single- or double- reduced), and whether or not coated with a plastic material.”
See the proposed scope definition for a complete description of the physical characteristics of the covered and excluded merchandise, and the HTS numbers that may be used to import the subject merchandise.
2. Alleged AD/CVD Margins.
Petitioner provided estimated dumping margin for the subject countries:
Canada – 78.29%
China – 130.88%
Germany – 43.64%
Netherlands – 124.17% – 294.27%
South Korea – 13.46% – 110.84%
Taiwan – 47.22% – 60.12%
Turkey – 96.51% – 106.43%
United Kingdo – 110.81%
Although Petitioner alleged numerous government subsidy programs that benefitted the Chinese tin mill industries, Petitioner did not allege any specific subsidy rates.
3. Named Exporters/ Producers
Petitioner included a list of companies that it believes are producers and exporters of the subject merchandise. See attached list of exporters here .
4. Named U.S. Importers
Petitioner included a list of companies that it believes are U.S. importers of the subject merchandise. See attached list of US importers here.
5. Estimated Schedule of Investigations.
January 18, 2023 – Petitions filed
February 7, 2023 – DOC initiates investigation
February 8, 2022 – ITC Staff Conference
March 3, 2023 – ITC preliminary determination
June 17, 2023 – DOC China CVD preliminary determination (assuming extended deadline) (4/13/23 – unextended)