WASHINGTON (October 11, 2022) - In a victory for the U.S. industry, the U.S. International Trade Commission (ITC) voted to continue the antidumping duty (AD) order on Phosphor Copper from Korea for five years. The ITC made its decision in the first “sunset” review of the phosphor copper AD order. In such sunset reviews, the ITC determines whether the domestic industry would likely suffer material injury if the order is revoked. In an expedited review, the ITC determined that the domestic industry would likely be injured if the order was revoked.
“This win delivers continued relief to a smaller U.S. industry, showing that U.S. trade laws can benefit all sizes of domestic companies,” said Dan Pickard, chair of the International Trade and National Security practice at Buchanan Ingersoll & Rooney, counsel to the U.S. industry. “This decision ensures that the U.S. phosphor copper manufacturers have an equal opportunity to compete with Korea.”
Prior to this vote, the U.S. Department of Commerce also determined that Korean producers of phosphor copper would resume selling merchandise at less than fair value in the U.S. market if the order was revoked. The order will be up for another five-year review in 2027.
The Buchanan team also included Amanda Wetzel and David Sessions.