by Zachary Walker of Picard, Kentz and Rowe, LLC
The federal government’s fiscal year (FY) 2022 concluded on September 30, 2022. Over the course of FY 2022, just 35 antidumping (AD) and countervailing duty (CVD) petitions were filed with the U.S. Department of Commerce and the U.S. International Trade Commission. Although this represents a slight increase over the 34 petitions filed during the previous fiscal year (i.e., FY 2021), it remains well-below the 114 AD and CVD petitions that were filed in FY 2020.
The number of petitions filed in FY 2022 represents about 53 percent of the average number of petitions filed annually (66) in the seven-year period between FY 2015 and FY 2021.
The 35 petitions filed in FY 2022 were made on behalf of 10 separate industries and cover the following products:
Freight Rail Coupler Systems
White Grape Juice Concentrate
Emulsion Styrene-Butadiene Rubber
Oil Country Tubular Goods
Of the 35 petitions filed in FY 2022, only the petitions regarding freight rail couplers involve merchandise from China. This, by far, represents the smallest share of petitions involving products from China over the last several years. The decline in AD and CVD petitions covering merchandise from China has fallen since the Section 301 tariffs were imposed on certain imports from China in 2018.
Overall, the 35 petitions filed in FY 2022 were submitted with respect to imports from 18 different countries.
During FY 2022, there was remarkable gap of nearly six-months between the filing of new petitions that lasted from March 31, 2022 through September 28, 2022. This represented the longest gap between petition filings in over a decade.
Looking forward, it is unclear whether FY 2023 will see the number of new petitions increase closer to the number of petitions filed annually in the recent past or if fiscal years 2021 and 2022 suggest fewer requests for this type of trade relief in the near future. However, through the first four months of FY 2023, seventeen AD and CVD petitions have already been submitted to Commerce and the ITC–reflecting a pace exceeding that of the two most recently completed fiscal years.