New Antidumping Petitions on Methionine From France, Japan and Spain

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Faegre Drinker Biddle & Reath LLP

On July 29, 2020, Novus International, Inc. (Novus) filed antidumping (AD) petitions on methionine from France, Japan and Spain. Methionine is a sulfur-containing amino acid that is most commonly used as an additive for animal feed.

The U.S. AD law imposes special tariffs to counteract imports that are sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping and is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of methionine.

Scope

Per the petition:

The merchandise covered by this investigation is methionine and precursors to methionine, including dl-Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-(Methylthio) Butanoic acid (HMTBa), regardless of purity, particle size, grade, or physical form. Methionine has the chemical formula C5H11NO2S, liquid HMTBa has the chemical formula C5H10O3S, and dry HMTBa has the chemical formula C6H9CaO5S.

Subject merchandise also includes methionine processed in a third country including, but not limited to, refining or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope methionine or precursors of methionine.

Methionine that is otherwise subject to this investigation is not excluded when commingled (i.e., mixed or combined) with methionine from sources not subject to this investigation. Only the subject component of such commingled 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 Schedule of the United States (HTSUS). Methionine has the 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 dispositive.

Estimated Dumping Margins

  • France: 17.34%
  • Japan: 103.31%
  • Spain: 36.43%

Estimated Schedule of Investigation

The following is an estimated schedule of investigations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC):

  • July 29, 2020 — Petition is filed.
  • August 18, 2020 — DOC initiates investigation.
  • August 19, 2020 — ITC staff conference (estimated).
  • September 14, 2020 — Deadline for ITC preliminary injury determination.
  • January 5, 2021 — Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed.
  • February 24, 2021 — Deadline for DOC preliminary AD determinations, if deadlines are fully postponed.
  • July 9, 2021 — Deadline for DOC final AD determinations, if all deadlines are fully postponed.
  • August 23, 2021 — Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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