The Petitions
United States Steel Corporation and the United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (collectively, “Petitioners”) have filed new petitions with the U.S. Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”) seeking the imposition of antidumping duties (“AD”) on imports into the United States of tin mill products from China, Taiwan, and Turkey and countervailing duties (“CVD”) on imports into the United States of tin mill products from China. The Petitioners allege that imports of tin mill products are being dumped into the U.S. market from China, Taiwan, and Turkey, and that imports are being unfairly subsidized by the government of China. The Petitioners allege that these imports are injuring the domestic producers.
Scope of the Investigation
The following language describes the imported merchandise that the Petitioners intend to cover in these investigations:
The products within the scope of these investigations are 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.
The merchandise subject to these investigations is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS), under HTSUS subheadings 7210.11.0000, 7210.12.0000, 7210.50.0020, 7210.50.0090, 7212.10.0000, 7212.50.0000, if of non-alloy steel and under HTSUS subheadings 7225.99.0090, and 7226.99.0180 if of alloy steel. Although the subheadings are provided for convenience and customs purposes, the written description of the scope of the investigations is dispositive.
The imported product subject to these petitions is tin mill products. Tinplate is used primarily to manufacture welded cans for food, aerosol, paint, filtration and general line applications. Chromium-coated steel sheet is used primarily for two-piece drawn cans and ends for food cans, as well as caps and closures for glass containers. Tinplate is used for the can itself because it imparts a shinier surface than chromium coating while chromium-coated steel sheet, with its duller surface finish, is considered adequate for use in the can ends.
Key Facts
Petitioners: United States Steel Corporation and the United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.
Foreign Producers/Exporters and U.S. Importers: Please contact Clark Hill’s international trade team for a listing of individual importers and exporters named in the petitions.
AD/CVD margins: Petitioners alleged the following AD and CVD margins:
- China: AD Margin from 202.02% to 1077.08% ad valorem, and a CVD margin above de minimis.
- Taiwan: AD margin from 152.15% to 160.37%, ad valorem.
- Turkey: AD margin from 190.95% to 192.91%, ad valorem.
The Investigations
The DOC and the ITC will conduct parallel investigations. The ITC will first determine if there is a reasonable indication of material injury or threat of injury to the U.S. industry. The DOC will then determine whether imports are being dumped or unfairly subsidized and will calculate corresponding AD and CVD duty margins that importers will need to pay on their entries.
If the DOC issues an affirmative preliminary determination, importers will be required to deposit the estimated AD/CVD duties on their imports as of the date that the DOC publishes its affirmative preliminary determination in the Federal Register. In this case, the DOC’s preliminary determinations are currently expected by July 3, 2026 (CVD) and September 16, 2026 (AD), although the schedule is subject to change. Importers should be aware that cash deposits may apply earlier if the DOC finds that there is a surge of imports after the petitions were filed.
Next Steps
Given the compressed statutory deadlines in U.S. AD/CVD proceedings, producers/exporters and relevant stakeholders may begin preparing immediately. As practical first steps, affected parties could:
- Confirm whether their products fall within the proposed scope
- Identify the legal entities involved in production, export, and sale to the United States
- Preserve and organize detailed information concerning U.S. and home market (or third-country) sales, including pricing and terms of sale (AD)
- Preserve and organize information concerning sales, production, ownership, financing, tax treatment, utility usage, and government support programs (CVD)
- Prepare for possible DOC questionnaires and follow-up requests shortly after initiation
- Coordinate across accounting, sales, and production teams (AD) or government authorities (CVD) to ensure that factual positions are presented consistently and accurately.
If this product is of interest to your business, please contact Clark Hill’s international trade for additional details and strategic guidance information.
A schedule of approximate key dates is below.
Approximate Key Dates
* All deadlines are approximate and are subject to change throughout the course of an investigation. Deadlines that fall on a weekend or Federal holiday are extended to the next business day, as shown above.
