US International Trade Court overturns ITC’s PET import determination

8 June 2020 (Last Updated June 8th, 2020 12:25)

The US Court of International Trade has asked the US International Trade Commission (ITC) to re-review its determination on imports of polyethylene terephthalate (PET) resin from five countries.

US International Trade Court overturns ITC’s PET import determination
US Court of International Trade reversed US International Trade Commission’s (ITC) determination on imports of polyethylene terephthalate (PET) resin. Credit: spare parts.

The US Court of International Trade has asked the US International Trade Commission (ITC) to re-review its determination on imports of polyethylene terephthalate (PET) resin from five countries.

Initially, the ITC determined that imported PET from Brazil, Indonesia, Korea, Pakistan, and Taiwan did not harm the sales and profits of the US producers.

This decision was overturned by US Court of International Trade Judge Gary Katzmann on 4 June.

Judge Katzmann after examining the record of the ITC’s 2018 final investigation on PET resin from the five countries presented a 42-page opinion.

The court concluded that substantial record evidence was not presented to support ITC’s determination.

Following this ruling, the ITC will re-review whether the unfairly traded imports harmed domestic companies.

Domestic PET resin industry lead counsel Paul Rosenthal said: “The domestic producers and their workers are gratified by the Court’s decision and are hopeful that when the ITC reconsiders the case, it will finally approve the much-needed relief from unfair imports that the industry so desperately needs.”

As a result, ITC will work on addressing the errors identified by the court.

The ITC will present its redetermination to the court within 90 days, or by 2 September.

Judge Katzmann will consider the decision by ITC following a 60-day period.