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U.S. International Trade Commission Issues Affirmative Preliminary DecisionĀ in Trade Case Against Imports of Phosphor Copper

April 21, 2016

Washington, DC—Today, the U.S. International Trade Commission (ITC) unanimously found that there is a reasonable indication that the U.S. phosphor copper industry is materially injured or threatened with material injury due to dumped imports of phosphor copper from Korea. The case was brought by Metallurgical Products Company (Metallurgical), a 107-year-old family-owned business based in West Chester, Pennsylvania. The case alleges that unfairly dumped phosphor copper from Korea is injuring the U.S. industry.

Prior to today’s vote, the U.S. Department of Commerce (Commerce) initiated a formal investigation of imports of phosphor copper from Korea, finding that there is reason to believe that such imports are being sold at dumped prices. The estimated dumping margins for phosphor copper from Korea range from 12.55% to 66.54%.

“This is a significant step toward obtaining relief for U.S. companies and their employees who have been injured by unfairly priced imports from Korea,” said Daniel B. Pickard, a partner in the International Trade Practice at Wiley Rein LLP, and counsel to Metallurgical. “We are now one step closer to restoring a level playing field in the U.S. market,” he said.

The ITC’s affirmative preliminary injury determination clears the way for Commerce to continue its investigation. Without any extensions, Commerce is expected to issue its preliminary antidumping duty determination by August 16, 2016. If Commerce finds in favor of the domestic industry, antidumping duties will be collected, at that time, in the amount of the preliminary margin calculated by Commerce.