Partner Kathleen W. Cannon Quoted on ITC Challenge in Wire Decking Case

In an International Trade Law360 article titled Wire Decking Cos. Fight For Duties On Chinese Imports,” partner Kathleen W. Cannon was quoted on her clients’ challenge to the U.S. International Trade Commission decision that Chinese imports of wire decking have not hurt the U.S. industry. On Friday, August 27th, Ms. Cannon filed the summonses in the U.S. Court of International Trade on behalf of the domestic producers.

Domestic producers of wire decking sought an investigation into imports of wire decking from China in June 2009. In a 4-2 split vote, the ITC decided in July that the U.S. industry is neither materially injured nor threatened with material injury by the Chinese wire decking imports at issue. The ITC ruling followed the final results of Commerce’s investigation, released in June, which concluded that Chinese exporters and producers had sold wire decking at between 14.24 percent to 143 percent less than normal value, and that the sellers received net countervailable subsidies of between 1.52 percent and 437.11 percent.

Cannon pointed to widespread underselling and price suppression that she said was directly connected to the slump the industry had suffered. A downturn in the economy is legally recognized as making an industry more vulnerable to unfair imports, she said.