The U.S. International Trade Commission (ITC) earlier this month published notice of its unanimous determination that imports of Polytetrafluoroethylene (PTFE) Resin from China and India were not injuring the domestic PTFE industry:
https://www.gpo.gov/fdsys/pkg/FR-2018-12-04/pdf/2018-26324.pdf
PTFE is a polymer used in myriad applications for its low friction properties. PTFE is commonly known as Teflon, a trademark of the domestic producer Chemours – who in 2017 petitioned for antidumping and countervailing duties (AD/CVD) on imports from China and India. GDLSK represented the Chinese PTFE industry and a coalition of domestic PTFE processors to oppose Chemours’ petition.
GDLSK worked alongside Economic Consulting Services, LLC to defeat Chemours’ petition. Through testimony and briefing, we developed arguments that – despite a relatively high volume of subject imports underselling domestic products – the domestic PTFE industry did not lose market share to Chinese and Indian PTFE. The ITC accepted this rationale in unanimously finding that the domestic industry was neither materially injured nor threated with material injury by reason of subject imports:
https://www.usitc.gov/publications/701_731/pub4801.pdf
https://www.usitc.gov/publications/701_731/pub4841.pdf
As a result of this negative ITC determination, AD/CVD will not be assessed on PTFE from China and India. Although the U.S. Department of Commerce (DOC) had assigned AD/CVD rates on such imports in excess of 100%, those duties will no longer apply and those collected will be refunded by Customs.
In this era where DOC is assigning very large AD/CVD rates, it is imperative to have skilled ITC counsel and economists in order to best avoid such trade remedy liability. If your industry is subject to AD/CVD investigations, please contact one of the attorneys at our Firm for more information.
