Novel Trade Remedy Investigation on Critical Minerals – Initiation of Investigations
On July 10, 2024, Tungsten Parts Wyoming, Inc. (TPW) filed petitions requesting antidumping and countervailing duties on imports of certain tungsten shot from the People’s Republic of China (China) with the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC). On August 7, 2024, Commerce officially initiated trade remedy investigations into low-priced imports preventing the establishment of the U.S. tungsten shot industry. These petitions are noteworthy not only because they are occurring in the critical mineral space, but also due to the use of little-known provisions of the trade remedy laws.
“This is a good day for not only the U.S. tungsten industry, but for the critical minerals industry as a whole,” said Daniel B. Pickard, International Trade and National Security practice group leader at Buchanan Ingersoll & Rooney, and lead counsel for TPW. “The U.S. antidumping law provides a remedy not just for U.S. companies that have been injured due to unfairly priced imports but also for when the establishment of a U.S. industry ‘is being materially retarded by reason of the dumped or subsidized imports.’” Commerce’s initiation of an investigation into unfairly low-priced and subsidized imports of tungsten shot sends a strong signal to all members of the U.S. market. “This is only the very first step in the process, but it is a good start for both the U.S. industry and its workers,” Pickard said.
Later this month, the ITC will soon announce its preliminary determination in this case, including whether unfairly low-priced or subsidized imports are either injuring the U.S. market or materially retarding the establishment of such an industry. The entirety of the investigation process, should it proceed as anticipated, will take approximately 12 months, with final determinations likely to occur in mid-2025.
Buchanan has a team of international trade and national security attorneys, and government relations professionals ready to help U.S. manufacturers with U.S. trade remedy laws and trade policy. U.S. AD/CVD tariff laws are one of the only available tools to reestablish an even playing field for American companies 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. Our dedicated team has decades of experience supporting clients across a range of industries – ranging from steel, chemical, rubber, mining, and agricultural products – to ensure that the U.S. market is operating under fair and equal conditions.