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Daniel Pickard Discusses Commerce Review of Anti-Dumping Duties on Phosphor Copper Alloy Imports from South Korea

American Metal Market
June 6, 2018

Daniel B. Pickard, a partner in Wiley Rein’s International Trade Practice, was quoted in a June 1 American Metal Market (AMM) article regarding a request by firm client Metallurgical Products Company to the U.S. Department of Commerce to initiate a review of existing antidumping duties on phosphor copper alloy imports from South Korea.

“Our client has seen a recent increase of South Korean phosphor copper alloy imports in the marketplace in the past couple of months,” Mr. Pickard told AMM. “We have reason to believe that they’re being sold at even higher margins of dumping than when the case was initiated.”

The phosphor copper alloy imports from South Korea are currently subject to antidumping margins of 8.43%, but those duties could increase if Commerce agrees with the petitioner’s allegations that dumping for these imports has increased.

Once the review is initiated, Commerce will conduct a thorough investigation in order to recalculate the appropriate duty dumping liability for importers.  “They’re obligated to initiate the review as a matter of law,” said Mr. Pickard. “Then they have 12 – 18 months to reach a final determination whether to adjust the margins and to what extent. Importantly, that adjusted rate will be applied retroactively. To the extent that their dumping margins go up, importers will have to pay that higher dumping rate, plus interest, for all imports over the past two-plus years,” he added.