Today, Wiley Rein LLP partner Daniel B. Pickard, counsel to the Coalition of American Flange Producers, issued an open letter to producers, importers, and purchasers of stainless steel flanges, regarding affirmative preliminary determinations that the U.S. Department of Commerce and the U.S. International Trade Commission have reached in the antidumping and countervailing duty investigations into stainless steel flanges from China and India.

Pursuant to these preliminary determinations, U.S. Customs and Border Protection (CBP) began collecting duties on Indian flanges effective January 23, 2018, and will begin collecting antidumping and countervailing duties on imports of stainless steel flanges from China within the week.

“It should be stressed, however, that the preliminary duties do not reflect the final duties that importers will owe on incoming shipments,” Mr. Pickard wrote on behalf of the Coalition. “The Department of Commerce is continuing to assess the duties applicable to Chinese and Indian stainless steel flanges, and has the power to raise the duties applicable to these goods in its final determinations.”

“However, even if the preliminary duties are not increased in the final determinations in the ongoing investigations, importers nonetheless may remain retroactively liable for higher duties than were paid at entry,” Mr. Pickard added.

The full text of Mr. Pickard’s letter on behalf of the Coalition can be found here.