Critical Circumstance

The duties on temporary steel fencing announced on June 17, 2025, and August 15, 2025, will apply retroactively to imports from some / most Chinese producers.

Commerce determined that a surge in imports after the petitions were filed created “critical circumstances” that justify the imposition of retroactive duties to remedy harm to the domestic industry.

As a result, importers will be required to post duties both on imports that occur after the preliminary ruling and on some imports made in the 90 days before the ruling.

The “critical circumstances” determination applies on a company-by-company basis to exporters in China.