January 15, 2014
Home appliance manufacturer Whirlpool Corp., Benton Harbor, Mich., has announced that it has won a key decision in its appeal of a case intended to stop unlawful refrigerator dumping by LG and Samsung in the U.S. market.
The U.S. Court of International Trade (ITC) agreed with Whirlpool that the U.S. International Trade Commission made significant errors in a decision involving dumped and subsidized refrigerators from LG and Samsung. As a result of the ruling, the court ordered the Trade Commission to reconsider whether the refrigerators, dumped at margins up to 15 percent, caused material injury to U.S. manufacturing.
In evaluating Whirlpool's core claim that the commission's decision erroneously "double counted" key data, the court agreed that there was a "potentially significant difference" that warranted reconsideration. In remanding the case, the court expressed "sufficient doubt that the ITC would have reached the same conclusion," and instructed it to revisit both its volume and price analysis.