Historic Precedent: Sayenko Kharenko Secures Groundbreaking 0% Dumping Margin Rate for Stalkanat in US Antidumping Administrative Review

Sayenko Kharenko and Appleton Luff (Washington DC) have successfully represented PJSC Stalkanat in antidumping administrative review re PC Strands conducted by the US Department of Commerce (DOC). Also, the Federation of Employers of Ukraine has supported the position of PJSC Stalkanat during the review. Particularly, the DOC review recognised the unique challenges of exporting from Ukraine during the Russian invasion and Stalkanat’s fair pricing and, as a result, granted a 0% (no-dumping) rate (instead of 19,03% applied following the results of the initial investigation).

This case is unique for Ukraine because this is the first case in history when the review/investigation is terminated with a 0% dumping margin rate.

For information, the US now applies 8 anti-dumping duties to imports of different products from Ukraine. The rates of duties are very high, from 23% to 237,9%. Some AD duties are very old and have been applied since 1994.

Notably, during the trade policy review of the US in the WTO held at the end of 2022, Ukraine asked whether it is possible to terminate the effective AD duties because the full-scale war changed the situation in Ukraine considerably. The US indicated that there would be no automatic termination of AD duties, but interested Ukrainian producers could ask for the changed circumstances review. The above successful case of Stalkanat confirms the readiness to review the AD measures for the Ukrainian producers. Therefore, now is a very good moment to ask for a review!

The Sayenko Kharenko working on this project included Anzhela Makhinova and Oleksandra Sandul.