In a hard-fought battle at the International Trade Commission, Drinker Biddle was recently successful in securing a unanimous (5-0) victory for J.B. Hunt in an antidumping and countervailing duty case involving 53-foot intermodal containers imported from China.
The victorious team was comprised of Doug Heffner and Richard Ferrin of the Customs and International Trade Group, along with Jodie Curtis and Jeremy Scott of the District Policy Group, the firm’s boutique lobbying, public policy, and advocacy practice.
J.B. Hunt is the largest purchaser of 53-foot intermodal containers used in North America. Although the Chinese producers were found to be dumping and subsidized, the Drinker Biddle team assisted J.B. Hunt in leading the fight at the U.S. International Trade Commission, convincing the commissioners that Chinese imports were not the cause of harm that prevented the petitioner from establishing its business.
The U.S. producer that brought the antidumping/countervailing duty (AD/CVD) petitions relied on a rarely used provision in U.S. law to argue that the allegedly dumped and subsidized Chinese imports materially retarded the establishment of a U.S. industry. After a year of investigations and hearings before two federal agencies, the ITC rejected the allegations by a 5-0 vote, which means that the investigation will be terminated with no imposition of AD/CVD duties.