Hogan Lovells wins a rare second unanimous negative ruling at ITC in imported glass containers from China investigations

Washington D.C., 23 October 2020 – In a second unanimous negative ruling, global law firm Hogan Lovells convinced the U.S. International Trade Commission (“ITC”) that imported glass containers from China were not injuring the U.S. glass industry.

Hogan Lovells represented Berlin Packaging, America’s largest hybrid packaging supplier for primary packaging, as one of the respondents opposing the petition before the ITC.

The glass containers in question are used to store and ship a wide variety of common products including wine, beer, soda, juice, and sauces.

The ITC’s determination was its second of two unanimous votes, the first came in June and the other on Oct. 22. The ITC’s determination terminates the preliminary anti-dumping and countervailing duties imposed on Chinese glass.

With its most recent vote, the ITC said “U.S. industry is not materially injured or threatened with material injury by reason of imports of glass containers from China that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.”

“This decision is an important win for small and medium sized U.S. food, spirit, and beverage companies who rely on high quality glass containers our clients and their peers provide and who could not get glass products from U.S. companies,” said Hogan Lovells International Trade & Investment partner Jared Wessel. “Consumers will also come out ahead, as they’ll avoid seeing skyrocketing prices on essential goods sold in these containers that would have taken place had these tariffs been instituted.”

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“It also shows that the ITC will not serve as a mere ‘rubber stamp’ for cases that target Chinese imports, and notwithstanding the current tensions in the U.S.-China trade relationship, it is still worthwhile to challenge these investigations,” Wessel added.

The Hogan Lovells team was led by Wessel and included senior associate Michael Jacobson and associate Barbra Kim.

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