April 3, 2007
Kelley Drye's International Trade team has secured a significant victory on behalf of the domestic activated carbon industry. The U.S. International Trade Commission (ITC) unanimously found that the industry has been materially injured by competing Chinese products that are sold in the U.S. at less than fair value.
The decision follows a thorough investigation by the U.S. Department of Commerce, which determined that special duties ranging from 62% to 228% should be imposed on all activated carbon imports from China. The Commerce Department is expected to issue an antidumping duty order in mid-May. Kelley Drye served as counsel to
the petitioners, Calgon Carbon Corp. and NORIT Americas Inc. The antidumping petition was originally filed in March 2006.
"Through extensive economic analysis of the operations and pricing practices of Chinese producers and exporters, we were able to help protect an important domestic industry," explained David A. Hartquist, lead counsel and Chair of the International Trade practice at Kelley Drye. "The U.S. activated carbon industry
can and will compete with any producers in the world, if imports are fairly traded and not dumped."
Antidumping duties are collected by U.S. Customs and Border Protection when the product arrives in the United States. Antidumping duties are intended to offset the amount by which activated carbon from China is sold at less than fair value in the United States, thus eliminating the margin of dumping.
Typical uses of steam activated carbon include removing objectionable tastes and odors from drinking water; reducing organic compounds in waste water; removing color and impurities from foods and chemicals; and removing mercury and dioxins from flue gas emissions.
In addition to the Kelley Drye legal team, William H. Crow II and Brad Hudgens, economists with Georgetown Economic Services, assisted in the case.