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WASHINGTON (July 10, 2023) - Buchanan Ingersoll & Rooney secured a key victory for domestic emulsion styrene-butadiene rubber (“ESBR”) producers in their efforts to combat dumped imports from Brazil, Mexico, Poland, and South Korea. Today, the U.S. International Trade Commission (“Commission”) made affirmative determinations in its five-year (sunset) review concerning ESBR from Brazil, Mexico, Poland, and South Korea. In such sunset reviews, the Commission determines whether the domestic industry would likely suffer material injury if the existing orders were revoked.

Daniel B. Pickard, counsel to the domestic industry and the international trade and national security practice group leader at Buchanan, stated that "the U.S. industry is extremely pleased with the Commission’s final determination, which underscores the continuing threat posed by subject imports from Brazil, Mexico, Poland, and South Korea – particularly in light of continuing overcapacity issues in the global market.  This is a positive outcome for the U.S. producers and their workers.” 

Under U.S. law, the International Trade Commission and the U.S. Department of Commerce are responsible for conducting antidumping investigations and five-year (sunset) reviews under Title VII of the Tariff Act of 1930. Under this law, U.S. industries may petition the Commission and Commerce for relief from imports that are sold in the United States at less than fair value or that benefit from countervailable subsidies provided through foreign government programs. Dumping and certain subsidizing are considered unfair trade practices.

Mert E. Arkan, an attorney in Buchanan’s international trade and national security practice noted that as a result of today’s determination, “the domestic industry can rest a bit easier knowing that the remedial trade relief adopted by the Commission in the original investigation will remain in place. This decision ensures that U.S. ESBR producers will continue to have an equal opportunity to compete with imports from Brazil, Mexico, Poland, and South Korea.”

The Commission’s determination was unanimous with the four participating Commissioners voting in the affirmative. The affirmative determination ensures that the orders will remain in place for at least another five years, until a subsequent five-year review is instituted in 2027.

The Buchanan team also included David B. Sessions.