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The Petitions
Mexichem Fluor Inc. dba Orbia Fluor & Energy Materials ("Petitioner") has filed new petitions with the U.S. Department of Commerce ("DOC") and the U.S. International Trade Commission ("ITC") seeking the imposition of antidumping ("AD") and countervailing duties ("CVD") on imports into United States of lithium hexafluorophosphate ("LiPF6") from China. The petitioner alleges that imports of LiPF6 are being dumped in the U.S. market and unfairly subsidized by the government of China. The petitioner alleges that these imports are injuring the domestic producers.
The imported product subject to these petitions is LiPF6. LiPF6 is most commonly used as the electrolyte salt dissolved into electrolyte solution necessary to produce lithium-ion batteries. It enables lithium-ion transport between the anode and cathode to allow charging and discharging and contributes to the formation of protective electrode layers that promote long-term cell stability. LiPF6 is the industry-standard salt for building reliable, high-performance lithium-ion batteries. Lithium-ion batteries are used in electric vehicles, consumer electronics, energy storage equipment, military equipment, and other applications.
Scope of the Investigation
The following language describes the imported merchandise that the petitioner intends to cover in these investigations:
The merchandise covered by this investigation is Lithium Hexafluorophosphate (LiPF6), an inorganic lithium compound with Chemical Abstracts Service (CAS) registry number 21324-40-3 and the chemical formula LiPF6.
Subject merchandise includes LiPF6 in any form, including LiPF6 in a solid form such as a powder or crystal; LiPF6 in a diluted liquid form where the LiPF6 has been dissolved in one or more organic solvents; and LiPF6 dissolved in multi-component electrolyte formulations that may also contain various salts, solvents, and/or additives, provided that, for each of these forms, the combined LiPF6 component comprises more than 5 percent (5 weight %) of the total weight of the mixture. For any such formulations, only the LiPF6 component of the mixture is covered by the scope of the investigation.
The country of origin of any LiPF6 in a solvent or electrolyte formulation is determined by the country in which the underlying LiPF6 is produced.
LiPF6 is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2826.90.9010. Subject merchandise, including the abovementioned formulations, may also be classified under HTSUS subheadings 2826.90.9090, 3824.91.0000, and 3824.99.9397. The HTSUS subheadings and CAS registry number are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive.
Key Facts
Petitioner:Mexichem Fluor Inc. dba Orbia Fluor & Energy Materials
Foreign Producers/Exporters and U.S. Importers: Please contact Clark Hill's international trade team for a listing of individual importers and exporters named in the petitions.
AD/CVD margins: The petitioner alleged the following AD and CVD margins:
- China: AD margin from 145.27% to 200.50%, ad valorem, and a CVD margin above de minimis.
The Investigations
The DOC and the ITC will conduct parallel investigations. The ITC will first determine if there is a reasonable indication of material injury or threat of injury to the U.S. industry. The DOC will then determine whether imports are being dumped or unfairly subsidized and will calculate corresponding AD and CVD duty margin that importers will need to pay on their entries.
If the DOC issues an affirmative preliminary determination, importers will be required to deposit the estimated AD/CVD duties on their imports as of the date that the DOC publishes its affirmative preliminary determination in the Federal Register. In this case, the DOC's preliminary determinations are currently expected by May 29, 2026 (CVD) and August 12, 2026 (AD), although the schedule is subject to change. Importers should be aware that cash deposits may apply earlier if the DOC finds that there is a surge of imports after the petitions were filed.
Next Steps
Given the strict statutory deadlines, governing AD and CVD investigations, U.S. importers and foreign producers are advised to prepare as soon as possible.
If this product is of interest to your business, please contact Clark Hill's international trade for additional details and strategic guidance. information.
A schedule of approximate key dates is below.
Approximate Key Dates*
|
Antidumping Duty Investigation |
||
| Event | No. of Days | Date of Action |
| Petition Filed | 0 | 3/5/2026 |
| DOC Initiation Date | 20 | 3/25/2026 |
| DOC Separate Rate Applications | 41 | 4/15/2026 |
| DOC Q&V Questionnaires | 44 | 4/20/2026 |
| ITC Preliminary Determination | 45 | 4/20/2026 |
| DOC Preliminary AD Determination | 160 | 8/12/2026 |
| DOC Final AD Determination | 235 | 10/26/2026 |
| ITC Final AD Determination | 280 | 12/10/2026 |
| DOC AD Publication of Order | 287 | 12/17/2026 |
|
Countervailing Duty Investigation |
||
| Event | No. of Days | Date of Action |
| Petition Filed | 0 | 3/5/2026 |
| DOC Initiation Date | 20 | 3/25/2026 |
| DOC Q&V Questionnaires | 44 | 4/20/2026 |
| ITC Preliminary Determination | 45 | 4/20/2026 |
| DOC Preliminary CVD Determination | 85 | 5/29/2026 |
| Request for a DOC Hearing | 122 | 7/6/2026 |
| DOC Final CVD Determination | 160 | 8/12/2026 |
| ITC Final CVD Determination | 205 | 9/28/2026 |
| DOC CVD Publication of Order | 212 | 10/5/2026 |
*All deadlines are approximate and are subject to change throughout the course of an investigation. Deadlines that fall on a weekend or Federal holiday are extended to the next business day, as shown above. Contact Clark Hill for current updates and details.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
