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New AD/CVD Petitions Towards Lively Anode Materials from China
On December 17, 2024, new antidumping (AD) and countervailing responsibility (CVD) petitions have been filed towards imports of energetic anode materials from China. Lively anode materials is the first element within the anode of lithium-ion batteries used to energy electrical automobiles, client electronics, medical tools and different purposes.
The petition was filed by the American Lively Anode Materials Producers (“AAMP”), consisting of 5 U.S. producers. The AAMP describe themselves as a nascent home trade and allege that Chinese language imports have inhibited the institution of U.S. manufacturing by the fledgling U.S. trade. Solely a small handful of U.S. commerce treatment instances have invoked the fabric retardation commerce regulation provision that was supposed to guard a home trade that has not but been established.
On this case, it’s questionable whether or not the imposition of AD/ CVD duties on energetic anode supplies will truly assist the U.S. energetic anode trade grow to be commercially viable. China is so dominant not solely as battery producers, but in addition for a lot of the main inputs (lithium, electrolytes, separators, cathodes, anodes) used to provide batteries. China is the one import supply for energetic anode materials. Imposing AD/CVD duties at one stage of the manufacturing course of for lithium-ion batteries could assist one U.S. trade (e.g., U.S. energetic anode producers), however on the identical time, trigger vital hurt for downstream U.S. producers (e.g., U.S. firms like Ford, GM and Tesla that produce batteries for his or her electrical automobiles) who depend on these Chinese language inputs that aren’t accessible from another sources however now could must pay considerably larger costs due to the AD/CVD duties.
These AD/CVD investigations might be performed by two federal businesses. The Worldwide Commerce Fee (“ITC”) will examine whether or not the topic imports have materially retarded the institution of the home trade. The U.S. Division of Commerce (“DOC”) will examine whether or not the topic imports are being bought to the US at lower than truthful worth (“dumping”) or profit from unfair authorities subsidies. Each businesses must make affirmative findings of fabric retardation (ITC) or of dumping or subsidies (DOC) to ensure that AD/CVD duties to be imposed on the topic imports.
Scope
The petition included the next proposed scope definition:
Lively anode materials, whether or not artificial, pure, or a mix of artificial or pure; with or with out coating; no matter whether or not in powder, dry, liquid, or another type. Topic merchandise usually has a most measurement of 80 microns. Topic merchandise has an power density of 330 milliamp hours per gram or larger and a level of graphitization of 80% or larger. Topic merchandise could be known as “energetic anode materials.”
Topic merchandise is roofed no matter whether or not it’s combined with silicon based mostly energetic supplies, e.g., silicon-oxide (SiOx), silicon-carbon (SiC), or silicon, or components akin to carbon black or carbon nanotubes. Topic merchandise is roofed whatever the mixture of compounds that comprise the graphite materials; the graphite contained within the topic merchandise has a minimal purity content material of 90% carbon. Topic merchandise is roofed no matter whether or not it’s imported independently, as a part of a compound, in a battery, as a element of an anode slurry, or in a subassembly of a battery akin to an electrode. Solely the anode grade graphite materials is roofed when entered as a part of a combination with silicon based mostly energetic supplies, as a part of a compound, in a battery, as a element of an anode slurry, or in a subassembly of a battery akin to an electrode.
Lively anode materials topic to the investigations could also be categorized underneath the Harmonized Tariff Schedule of the US (HTSUS) subheadings 2504.10.5000 and 3801.10.5000. Topic merchandise can also enter underneath HTSUS subheading 3801.90.0000. The HTSUS subheadings are offered for comfort and customs functions solely. The written description of the scope of the investigations is dispositive.
Alleged AD/CVD Margins
Petitioner calculated an estimated dumping margins starting from 828% to 921%.
Petitioner didn’t present any particular subsidy margin calculations.
Named Exporters/ Producers
Petitioner included an inventory of firms that it believes are producers and exporters of the topic merchandise. See connected record of exporters right here.
Named U.S. Importers
Petitioner included an inventory of firms that it believes are U.S. importers of the topic merchandise. See connected record of importers right here.
Estimated Schedule of Investigations
December 17, 2024 – Petitions filed
January 6, 2025 – DOC initiates investigation
January 8, 2025 – ITC Workers Convention
January 31, 2025 – ITC preliminary dedication
Might 16, 2025 – DOC CVD preliminary dedication (assuming prolonged deadline) (3/12/25 – unextended)
July 15, 2025 – DOC AD preliminary dedication (assuming prolonged deadline)
(5/26/25 – unextended)
November 27, 2025 – DOC AD/CVD ultimate determinations (prolonged)
January 11, 2026 – ITC ultimate dedication (prolonged)
January 18, 2026 – DOC AD/CVD orders issued (prolonged)
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