By Craig Tarasoff
The United States Court of International Trade has found
that imports of xanthan gum, a food additive, from Austria and China did not
materially injure the US domestic market. CP Kelco, a US producer of xanthan
gum, argued that imports from Austria and China were being “dumped,” or sold in
the US at less than fair market value, thereby unreasonably suppressing
domestic prices. However, Judge Goldberg affirmed the ITC’s use of cost of
goods sold (COGS) to net sales ratio to show that the effects of the import
would not be felt at a market-wide level. This ratio is considered an indicator
of price suppression especially when COGS rises at a faster rate than net
sales. While the court found that China was not currently injuring the domestic
injury, it noted that China posed a threat in the near future. As a result, it issued
an anti-dumping order against China in an effort to protect domestic industry. Bloomberg
has more details on the case.
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