The U.S. International Trade Commission (ITC or the Commission) recently issued questionnaires to gather information from industry in connection with its final injury investigation of imports of large power transformers from Korea, the last phase of the antidumping investigation that began last July. This Legal Alert outlines the status of the case and its implications for parties that have been asked to respond to the ITC questionnaires.
Status of the Investigation
Under U.S. law, domestic parties can obtain relief from unfairly priced imported products by filing a petition with the ITC and the U.S. Department of Commerce. An industry requesting such relief must prove two things: (1) that the imported product is being unfairly priced (in this case, sold at less than fair value or “dumped”) and (2) that the dumped imports have injured, or threaten to injure, the U.S. industry. On February 9, Commerce made a preliminary determination that large power transformers from Korea are being unfairly priced in the U.S. market and calculated dumping margins ranging from 21.79% to 38.07%. That finding triggered a final injury investigation by the ITC, which last August had issued a preliminary determination that the U.S. industry may have been injured by unfair import competition. The final injury investigation is a more extensive and definitive examination of whether U.S. producers have been injured, and, as part of its analysis, the ITC requires U.S. importers and purchasers of the products under investigation to compile and submit the information requested in the ITC questionnaires.
Please see full alert below for more information.
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