Buchanan Secures Win in Critical Minerals Trade Remedy Case with Affirmative Preliminary Determination from U.S. Department of Commerce

WASHINGTON (December 2024) - In a victory for the U.S. Tungsten industry, the U.S. Department of Commerce (Commerce) has preliminarily determined that the government of China unfairly subsidizes its Tungsten industry. Commerce calculated affirmative preliminary countervailing duty rates ranging from 73.75% to 352.20% for all Chinese Producers.

This determination establishes the preliminary duty rates for this investigation. Following the publication of Commerce’s determination in the Federal Register, Commerce will instruct U.S. Customs and Border Protection to begin collecting cash deposits on entries of certain Tungsten Shot from China.

These preliminary subsidy rates may increase before Commerce’s final determination, which is expected in April 2025. These rates cover only the countervailing duty investigation and do not yet include the additional duties from the companion antidumping duty investigation on Certain Tungsten Shot from China. Preliminary dumping margins in the antidumping duty investigation will be released in January 2025.

“This determination is incredibly good news for the U.S. industry,” said Daniel B. Pickard, lead counsel to the Petitioner and International Trade and National Security practice group leader at Buchanan Ingersoll & Rooney. “Not only is this a crucial step in providing relief for the nascent U.S. Tungsten Shot industry, but it is also an optimistic development for the critical minerals industry overall. We look forward to Commerce's final determination.”

The Buchanan team representing the Petitioner also includes Milton Koch, Claire Webster, Amanda Wetzel, Caroline Bisk, and Grace Welborn. U.S. AD/CVD tariff laws are one of the only available tools to provide American companies trade relief and avoid lost sales and profits. Our eBook, Protecting Domestic Producers: A Guide to Antidumping and Countervailing Investigations, shares details on how diverse domestic industries can take advantage of these laws – antidumping and countervailing duty investigations – to combat unfair foreign competition and receive adequate remedies and protections. The Buchanan team of international trade and national security attorneys, has decades of experience supporting clients across a range of industries – ranging from chemical, steel, rubber, mining, and agricultural products – to ensure that the U.S. market is operating under fair and equal conditions.