CATL found de facto controlled by China in preliminary dumping ruling

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Oliver Potts, Director, Office of Federal Register | Office of Federal Register

CATL found de facto controlled by China in preliminary dumping ruling

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The Department of Commerce has announced on the Federal Register website that Contemporary Amperex Technology Co., Ltd. (CATL) is subject to a 102.72% preliminary U.S. antidumping duty on active anode material. This decision follows a finding that CATL is part of the China-wide entity and ineligible for a separate rate.

According to the U.S. Federal Register, this preliminary determination by the Department of Commerce is part of a broader investigation into whether Chinese active anode material is being sold in the U.S. market at less than fair value. The investigation aims to protect U.S. manufacturers from unfair trade practices and aligns with actions taken against other battery-related imports from China. The notice highlights that active anode material is essential for lithium-ion batteries, which are crucial for electric vehicles and energy storage markets in the United States.

The Federal Register notice states that the preliminary determination assigns a dumping margin of 102.72 percent to the China-wide entity, including CATL, based on facts available with adverse inferences. This rate exceeds the simple average of 93.50 percent assigned to other listed companies, reflecting the Department's use of adverse facts due to non-cooperation or insufficient information from certain mandatory respondents.

The Department determined that both CATL and BTR New Material Group are de facto controlled by the government of China, rendering them ineligible for separate rates in this investigation, as noted in the Federal Register. Consequently, CATL is treated as part of the China-wide entity rather than as an individual exporter, subjecting it to the highest assigned dumping margin.

The Office of the Federal Register (OFR) of the National Archives and Records Administration, along with the U.S. Government Publishing Office (GPO), administers FederalRegister.gov to provide accurate regulatory information. The site aims to make regulatory processes more transparent and accessible for citizens and stakeholders, facilitating greater public participation in government decision-making through improved access to official documents and announcements.

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