Notice

Trade remedies notice 2025/01: definitive anti-dumping duty on suspension poly (vinyl chloride) (S-PVC) from the United States of America

Updated 9 January 2025

This notice was published on 9 January 2025 with effect from 29 November 2024.

Secretary of State’s definitive decision on measures

This public notice is published by the Secretary of State under subsection 13(2) of, and paragraphs 20(5)(a) and (c) of Schedule 4 to, the Taxation (Cross-border Trade) Act 2018 (the Act). 

This public notice gives effect to the Secretary of State’s decision to accept the recommendation of the Trade Remedies Authority (TRA) to apply a definitive anti-dumping measure on suspension poly (vinyl chloride) (S-PVC) from the United States of America (USA).

This public notice supersedes trade remedies notice 2024/16: provisional anti-dumping duty on suspension poly (vinyl chloride) (S-PVC) from the United States of America.

Goods description

This public notice relates to S-PVC originating from the USA and exported to the UK, which is:

• suspension poly (vinyl chloride), not mixed with any other substance

TRA recommendation

The TRA’s recommendation was: 

• to apply a definitive anti-dumping measure to the specified goods (see “goods subject to the anti-dumping duty”) originating from the USA, backdated to cover the period of the provisional measure from 29 November 2024 until 9 January 2025, plus a period of 5 years from the day after publication of this notice, ceasing 10 January 2030
• to apply rates of the final anti-dumping measure on the goods specified in Annex 1 of this notice

The definitive anti-dumping measure is set at the same rates as the provisional measure.

Goods subject to the anti-dumping duty 

The rates of definitive anti-dumping duty specified in Annex 1 apply to the goods as described or imported under the UK Global Tariff commodity codes specified below:

• 39041000 15
• 39041000 80

Imposition date

This public notice takes effect, and the definitive anti-dumping amount applies, from 29 November 2024.  

The definitive anti-dumping measure will apply to imports of the goods concerned from 29 November 2024. The definitive measure will apply for a period of 5 years from the day after publication of this public notice, plus the period from 29 November 2024, until the date of publication of this notice. 

The TRA will notify interested parties of the expiry of the anti-dumping duty in sufficient time to allow an interested party to make an application for an expiry review. 

Expiry date of the anti-dumping duty

The anti-dumping duty on the goods given effect to by this public notice ceases to apply on 10 January 2030.

The TRA will notify interested parties of the expiry of the anti-dumping duty in sufficient time to allow an interested party to make an application for an expiry review.

Amount of definitive anti-dumping duty 

A rate of anti-dumping duty ranging from 38.43% to 56.01% will apply to imports of the goods from US companies. 

The anti-dumping duty applicable to the net, free-at-the-frontier price, before other amounts of import duty, on the goods imported into the UK from the USA is imposed at the rates listed in Annex 1. 

Investigation AD0049: suspension poly (vinyl chloride) (S-PVC) from the United States (US).

On 8 January 2024, the TRA initiated an investigation into an allegation of dumped poly (vinyl chloride) (S-PVC) being imported into the UK, following an application from a UK producer (Notice of Initiation).

Summary of the investigation 

The TRA conducted the investigation in accordance with paragraph 10 of Schedule 4 to the Act and part 6 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019. The TRA considered whether the goods concerned are being dumped and whether they have caused or are causing material injury to UK industry.  

Further information on the investigation can be found on the TRA’s public file.   

Determination of the TRA 

With reference to sub-paragraphs 11(5) and 11(6) of Schedule 4 to the Act, the TRA determined that the goods concerned imported into the UK have been or are being dumped by certain overseas exporters from the USA and the importation of the dumped goods has caused material injury to UK industry during the injury period, and that the dumped goods were the cause of that injury.

The TRA determined that the economic interest test is met in relation to the application of an anti-dumping remedy, in accordance with paragraph 25 of Schedule 4 to the Act. 

Recommendation of the TRA 

The TRA recommended that the definitive measure should apply to imports of the goods concerned for a period of 5 years from the day after publication of this public notice, plus the period from 29 November 2024 to the date of publication of this notice.

The TRA made the recommendation in accordance with paragraphs 17, 18 and 19 of Schedule 4 to the Act. 

The TRA recommended levels of anti-dumping duty as set out in Annex 1, having calculated dumping margins pursuant to paragraph 2 of Schedule 4 to the Act.  

Annex 1: definitive anti-dumping duty rates for overseas exporters   

Table 1: definitive anti-dumping duty rates for overseas exporters

US exporter/producer	Duty rate	Additional code
Formosa Plastics Corporation, USA	38.43%	8A30
All other US producers (residual amount)	56.01%	8999

Declaration required to qualify for duty amount

In order to qualify for the duty rate applicable to goods produced by an overseas exporter specified in Annex 1, a valid commercial invoice with an accompanying declaration must be presented to HMRC on importation of the goods. The text of the declaration is set out in Annex 2.

If an invoice is not presented or the declaration is not made, the residual rate is the duty rate applicable to the goods.

Annex 2: declaration required to qualify for specified overseas exporter duty amount

The following declaration must be completed, dated and signed by an official of the entity issuing the valid commercial invoice who is identifiable by name and function:

“I, the undersigned, certify that the [volume] of [goods] sold for export to the United Kingdom included in this invoice was produced by [company name and address] ([additional code]) in [country]. I declare that the information provided in this invoice is complete and correct.

Date:

Signature:

Name (printed):”