MSSA Wins Unanimous Victory Against DuPont’s Unfounded Dumping Allegations

POMBLIÈRE, France--(BUSINESS WIRE)-- By a unanimous vote of 6 to 0, the U.S. International Trade Commission (ITC) voted on November 13 that sales by MSSA S.A.S. (“MSSA” or “Métaux Spéciaux”), a French supplier of raw materials to the chemical industry, in the U.S. do not and will not cause material injury to E.I. DuPont de Nemours (DuPont). This vote ends the dumping investigation that DuPont initiated in 2007 and confirms that MSSA’s sales into the U.S. were in compliance with U.S. trade laws. Therefore, the U.S. government will impose no dumping duties on MSSA’s sales in the U.S.

Numerous purchasers testified at the ITC’s public hearing that they preferred MSSA’s product based on superior quality and superior services. These purchasers testified that Dupont’s sodium metal was of poor quality, causing sludge build-up that resulted in plugging problems and safety issues. By contrast, customers praised MSSA for offering several grades of sodium metal that prevent sludge build-up, thereby reducing the possibility of plugging and safety issues. Customers also commended MSSA for its service and innovative delivery solutions.

Although the ITC’s unanimous vote against DuPont’s injury allegations terminates the antidumping proceedings against MSSA in the United States, the antidumping and anti-subsidy proceedings filed by MSSA against DuPont in Europe will continue. Not only is DuPont’s aggressive pricing and dumping injuring MSSA in the European Union, but the significant electric subsidies that DuPont receives from the New York Power Authority (NYPA) further harm MSSA’s ability to compete. Without relief from dumped and subsidized imports from DuPont, MSSA, which has lost up to 35% market share in Europe over the past five years, will continue to suffer severe harm.;

In addition, if DuPont’s unfair trade actions are not stopped, it could jeopardize MSSA’s plans for exciting future applications of sodium metal for green and clean energy applications. MSSA (www.metauxspeciaux.fr) is committed to the sodium market and will actively participate in the growing applications for polysilicon production for photovoltaic solar panels, titanium powder for fuel efficient airplanes and sodium methylate for biodiesel. Projects for these new applications are flourishing in the USA, East Asia & Pacific region, India and Middle East.

The European Commission could impose provisional measures to combat DuPont’s unfair trade actions by April 2009.