Electrical Steel Producers Will Appeal USITC Decision In Trade Case, Says Kelley Drye & Warren LLP

WASHINGTON, Oct. 23, 2014 /PRNewswire/ -- U.S. producers of grain-oriented electrical steel (GOES) announced today that they will file an appeal of the negative decision on "material injury" by the U.S. International Trade Commission (ITC).  AK Steel Corporation AKS and Allegheny Ludlum, LLC d/b/a ATI Flat Rolled Producers, an Allegheny Technologies company ATI and the United Steelworkers ("USW"), which represents workers engaged in the production of GOES at ATI Flat Rolled Products, appealed the decision to the Court of International Trade.

The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America ("UAW"), which represents workers engaged in the production of GOES at AK Steel Corporation, also expressed its support for the appeal.

The decision by the ITC on October 23 covered imports of GOES from the Czech Republic, China, South Korea and Russia.

"We are very disappointed by the negative determination by the ITC," said David A. Hartquist of Kelley Drye & Warren LLP, counsel to petitioners.  "We believe the case warranted an affirmative determination and that the majority decision contains fundamental errors of fact and law.  The Department of Commerce found antidumping margins of up to 159 percent, which caused lost sales and significant financial injury to the U.S. producers, which in our judgment met the legal standard for an affirmative determination.  Therefore, the petitioners will appeal the decision to the Court of International Trade."

The petitioners also filed an appeal on September 16, 2014 of a similar ITC negative decision covering imports from Germany, Japan and Poland.

GOES is a flat-rolled alloy steel product that contains by weight at least 0.6 percent but not more than 6 percent of silicon, not more than 0.08 percent of carbon, and not more than 1 percent of aluminum.  The petitions cover GOES that is sold in either sheet or strip form, in coils or in straight lengths.  GOES is manufactured using a specialized rolling and annealing process that yields grain structures uniformly oriented in the rolling (or lengthwise) direction of the sheet, enabling it to conduct a magnetic field with a high degree of efficiency.  Based on these unique product characteristics, GOES is used primarily in the production of laminated cores for large and medium-sized electrical power transformers and distribution transformers. 

The petitioners are represented in these actions by David A. Hartquist and John M. Herrmann of the law firm Kelley Drye & Warren LLP.

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SOURCE Kelley Drye & Warren LLP