Today, the U.S. International Trade Commission (ITC) made a unanimous affirmative final determination finding that the domestic chromium trioxide industry is materially injured by reason of unfairly traded imports of chromium trioxide from India and the Republic of Türkiye. The ITC’s determination follows the U.S. Department of Commerce’s final affirmative antidumping and countervailing duty determinations and clears the way for antidumping duty orders on chromium trioxide from India and Türkiye and a countervailing duty order on chromium trioxide from India.
Husch Blackwell represents American Chrome & Chemicals, Inc., the petitioner that initiated the underlying antidumping and countervailing duty investigations, in this trade case before Commerce and the ITC.
“This determination confirms what our client has experienced for years: unfairly traded imports from India and Türkiye have harmed the U.S. chromic acid industry,” said Nithya Nagarajan, Husch Blackwell partner and lead counsel to American Chrome & Chemicals. “We are pleased that the Commission has recognized the injury caused by these imports and that relief is now in place for American Chrome & Chemicals.”
On October 6, Commerce announced its final affirmative determinations, finding that chromium trioxide from India and Türkiye is being sold in the United States at less than fair value and that countervailable subsidies are being provided to producers and exporters of chromium trioxide from India. The final determinations included the following company-specific findings:
- All Indian producers are subject to a CVD rate of 29.35% and an AD rate of 14.44%
- All Türkiye producers are subject to an AD rate of 40.88%
With Commerce’s final determinations and the ITC’s affirmative final injury determination now both in hand, Commerce is expected to issue antidumping duty orders on chromium trioxide from India and Türkiye and a countervailing duty order on chromium trioxide from India, with U.S. Customs and Border Protection continuing to collect cash deposits on subject merchandise at the final rates determined by Commerce.
This was landmark case for the Nagarajan-led trade remedies team, which included attorneys Stephen Brophy, Moushami Joshi, Dimitri Zografi, and Ruslan Klafehn, as it continues to expand its practice representing U.S. companies facing unfair competition.