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U. S. Steel, Others File for Critical Circumstances in Tubular Trade Case

In ongoing antidumping and countervailing duty investigations into seamless standard, line and pressure pipe from China, United States Steel Corp. and other petitioning parties have announced they are making an allegation of "critical circumstances".
 
The petitioners are seeking to have remedial duties assessed on a surge of imports that entered the United States market after September 2009, when their petitions were filed but prior to the time in which duties are normally assessed.
 
Remedial antidumping and countervailing duties are normally assessed as of the date of an affirmative preliminary determination of unfair trade at the Department of Commerce. Under U.S. and international law, however, duties can be assessed on imports that entered the U.S. market up to 90 days prior to such a determination, if there is evidence that foreign producers surged into the market in an attempt to avoid duties.
 
In the present case, Chinese imports of seamless standard, line and pressure pipe increased by more than 290% in the three months after the filing of petitions, as compared to the three months prior to the filing. If the petitioners are successful in achieving a finding of critical circumstances, remedial duties could be assessed on imports entering the market within 90 days prior to the publication of the preliminary countervailing duty determination in this proceeding.
 
The Department of Commerce is currently scheduled to make its preliminary determination on Feb. 16, 2010.