Kelley Drye Wins Sunset Review In ITC Antidumping Decision on Behalf of U.S. Brass Manufacturers
March 21, 2012

Kelley Drye obtained a significant victory before the U.S. International Trade Commission today on behalf of U.S. producers of brass sheet and strip.  In a near unanimous vote, the ITC determined that revoking antidumping orders on imports of brass sheet and strip from France, Germany, Italy, and Japan would likely lead to continuation or recurrence of injury to the domestic industry.  The votes were 6 – 0 as to Germany, Italy, and Japan and 5 – 1 as to France. The ITC's determinations come on the heels of a Commerce Department finding that the foreign producers subject to the orders were likely to resume dumping at significant margins.

"This is a positive development for the U.S. producers of brass sheet and strip, which are very important components for a wide range of downstream products that are integral to the U.S. economy," said David A. Hartquist, a partner at Kelley Drye & Warren LLP and counsel to the domestic brass sheet and strip industry in this matter. "Maintaining the orders against dumped brass sheet and strip from France, Germany, Italy, and Japan, and the market discipline that the orders provide, will allow the domestic producers to continue to compete in the U.S. market without the presence of unfair imports."

The existing trade orders have been in place since the latter 1980s, and the five-year reviews were initiated on March 1, 2011. As a result of today's votes, the orders will remain in place for an additional five years before another round of sunset reviews is undertaken.

Brass sheet and strip is used in electronics, automotive parts, apparel fasteners, cable wrap, eyelets, jewelry and other ornamentation, building and lock hardware, radiators, transportation equipment, coinage, medical devices, ammunition, telecommunications equipment, electronic terminals, household products, industrial machinery and equipment, stampers and component parts, and miscellaneous industrial applications.  The U.S. brass producers and employee organizations represented in this case included Heyco Metals, Inc., Aurubis Buffalo, Inc., Olin Brass, PMX Industries, Inc., Revere Copper Products, Inc., and International Association of Machinists and Aerospace Workers, United Auto Workers (Local 2367 and Local 1024), and United Steelworkers AFL-CIO CLC.

About Kelley Drye's International Trade Group

As one of the largest and most highly regarded international trade practices in the country, Kelley Drye assists clients with a full range of importing and exporting activities. We are experts in protecting domestic manufacturers against unfairly traded goods and helping companies overcome barriers to entry in foreign markets. We have worked with every significant U.S. trade and customs statute, including antidumping, countervailing duty, export control and economic sanctions laws, the Foreign Corrupt Practices Act, the Customs Modernization Act, section 201 (escape clause), section 301 (violations of U.S. trade rights), and section 337 (unfair trade practices).

Brass producers and employee organizations were represented by partners David A. Hartquist and Kathy Cannon, associate Grace Kim, with support from Mike Kerwin, Brad Hudgens, and Gina Beck  from Georgetown Economic Services.