Hogan Lovells successfully challenges proposed countervailing duties for imported glass containers from China

Washington D.C., 9 June 2020 – Global law firm Hogan Lovells successfully challenged a petition before the U.S. International Trade Commission (“ITC”) arguing for countervailing duties on certain glass containers from China.

Hogan Lovells represented Berlin Packaging, America's largest hybrid packaging supplier for primary packaging, as one of the primary parties 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.

Relying on the current anti-China environment, the petitioners argued that the government of China was subsidizing its glass industry, allowing for certain companies to sell their containers at prices that harmed the U.S. glass industry.

However, the ITC found in a unanimous vote that imports of glass from China did not harm the U.S. glass industry.

The petition was originally filed in September 2019 by two large multi-national glass manufacturers. Earlier this year, the U.S. Department of Commerce issued countervailing duties on imported Chinese glass as a result of an investigation spurred by this petition, but the ITC’s findings nullify those duties.

“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.”

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


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