Today the International Trade Commission (ITC) published notice of its 3 – 2 vote on February 22, 2020, determining that the domestic fabricated structural steel industry was neither materially injured nor threatened with material injury by imports of Fabricated Structural Steel (FSS) from China, Canada, and Mexico: https://www.govinfo.gov/content/pkg/FR-2020-03-20/pdf/2020-05845.pdf
GDLSK attorneys represented Chinese producers and exporters of FSS, as well as American importers. Working together with counsel for Canada and Mexico, and an economic expert shared by all three countries, GDLSK demonstrated through witness testimony and extensive evidentiary submissions that any problems experienced by the domestic FSS industry were not related to imports. In particular, GDLSK established that its clients’ bids for FSS projects in the United States – including sports stadiums and petrochemical plants – were won or lost based on factors totally unrelated to the cost of FSS.
As a result of this ITC vote, antidumping duty (ADD) and countervailing duty (CVD) orders will not be issued on FSS from China, Canada, or Mexico. Customs and Border Protection (CBP) will no longer require ADD/CVD cash deposits for FSS from these countries and ADD/CVD cash deposits collected by CBP since July 2019 (as high as 140%) will be refunded.
The ITC’s negative determination on FSS shows the importance of fighting ADD/CVD Petitions at the ITC, with experienced counsel and economists. Even after the Department of Commerce has determined that prohibitive ADD/CVD duties will be assessed, ADD/CVD liability was avoided by convincing the ITC that the dumped and subsidized imports are not injurious to domestic manufacturers. In this protectionist environment where significant retaliatory duties have become the norm, the ITC has retained its independence and has been willing to render negative determinations when persuasive evidence is presented to support the conclusion that imports are not the cause of injury or threat of injury.
This recent ITC victory is one of several significant ITC victories achieved by GDLSK in recent years. Other victories include Polytetrafluoroethylene Resin from China, Hydrofluorocarbon Components from China, and Tapered Roller Bearings from Korea. If you would like more information about the FSS matter or seek assistance with products subject to ADD/CVD investigations, please contact GDLSK.
