New anti-dumping petitions concerning methionine from France, Japan and Spain | Faegre Drinker Biddle & Reath LLP

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On July 29, 2020, Novus International, Inc. (Novus) filed anti-dumping (AD) motions on methionine from France, Japan and Spain. Methionine is a sulfur amino acid most commonly used as an additive in animal feed.

The United States’ anti-dumping law imposes special tariffs to offset imports that are sold to the United States at less than “normal value”. In order for anti-dumping duties to be imposed, the United States government must determine not only that there is dumping, but also that there is “material injury” (or threat of injury) as a result of the importing imports. dumped. Importers are responsible for any anti-dumping duties imposed. In addition, these surveys could impact buyers by increasing prices and / or decreasing the supply of methionine.

Scope

According to the petition:

The commodity covered by this investigation is methionine and methionine precursors, including the dl-hydroxy analog of dl-methionine, also known as 2-hydroxy 4- (methylthio) butanoic acid (HMTBa) regardless of purity, particle size, quality or physical form. Methionine has the chemical formula C5H11NON2S, HMTBa liquid has the chemical formula C5HdixTHE3S, and dry HMTBa has the chemical formula C6H9Haute5S.

The subject commodity also includes methionine processed in a third country, including, but not limited to, refining or any other processing which would otherwise not remove the commodity from the scope of this investigation if carried out. in the country of manufacture of the methionine or precursors concerned. of methionine.

Methionine which is otherwise subject to this investigation is not excluded when mixed (i.e. blended or combined) with methionine from sources not subject to this investigation. Only the component in question of these blended products is covered by the scope of these investigations.

Methionine is currently classified under subheadings 2930.40.00.00 and 2930.90.46.00 of the Harmonized Tariff of the United States (HTSUS). Methionine has Chemical Abstracts Service (CAS) registry numbers 583-91-5, 4857-44-7, 59-51-8, and 922-50-9. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of this investigation is critical.

Estimated dumping margins

  • France: 17,34%
  • Japan: 103.31%
  • Spain: 36.43%

Estimated timetable for the investigation

Here is a provisional schedule of investigations by the United States Department of Commerce (DOC) and the United States International Trade Commission (ITC):

  • July 29, 2020 – The petition is filed.
  • August 18, 2020 – DOC opens investigation.
  • Aug 19, 2020 – ITC Staff Conference (estimate).
  • September 14, 2020 – Deadline for the ITC’s preliminary injury determination.
  • January 5, 2021 – Deadline for DOC preliminary anti-dumping determinations, if deadlines are NOT extended.
  • February 24, 2021 – Deadline for USDOC preliminary anti-dumping determinations, if deadlines are fully extended.
  • July 9, 2021 – Deadline for final DOC anti-dumping determinations, if all deadlines are fully extended.
  • August 23, 2021 – Deadline for final ITC injury determination, if all DOC deadlines are fully extended.

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