Today, Mexichem Fluor Inc., dba Orbia Fluor & Energy Materials (Orbia), filed antidumping and countervailing duty petitions charging that unfairly traded imports of lithium hexafluorophosphate (LiPF6), a critical electrolyte salt used in lithium?ion batteries, from China are materially retarding the establishment of a domestic U.S. industry. A secure domestic supply of LiPF6 is essential to U.S. economic and national security interests, yet the petitions allege that China's state?supported producers dominate the U.S. market and are dumping and subsidizing LiPF6 imports at levels that suppress prices and block market entry by U.S. producers. Wiley is representing petitioner, Orbia.
The petitions show that the state?supported Chinese industry is selling LiPF6 in the United States at less than fair value — dumped at rates as high as 200% — significantly distorting the U.S. market. The petitions further demonstrate that Chinese producers benefit from extensive government support, including preferential financing, tax incentives, and subsidized raw materials and inputs, enabling them to maintain overwhelming market share and suppress prices, even as demand for lithium?ion batteries for electric vehicles and energy storage systems continues to grow.
The filing was made concurrently with the U.S. Department of Commerce and the U.S. International Trade Commission in response to China's dominance of global and U.S. LiPF6 production, estimated at approximately 95% of global market share and more than 96% of the U.S. market. Chinese imports of LiPF6 into the United States doubled between 2023 and 2025 alone. Orbia is in the process of entering the U.S. LiPF6 market and has made substantial investments to establish domestic production of this strategically important battery material. However, the surge of dumped and subsidized imports, combined with China's already dominant market position, has materially retarded Orbia's ability to enter the U.S. market by undermining the conditions necessary for entry, including sustainable pricing, customer commitments, and long?term investment certainty.
“Lithium hexafluorophosphate is a critical input for lithium?ion batteries and an essential component of the U.S. battery supply chain,” said Miodrag Oljaca, Orbia's Vice President for Energy Materials. “Orbia is committed to building domestic capacity for this material, but Chinese producers' dumping and subsidization have distorted the market to such an extent that it has prevented fair competition and materially delayed the establishment of U.S. production.”
“U.S. trade law expressly protects industries in the process of being established,” said Timothy C. Brightbill, co-chair of Wiley's International Trade Practice and counsel to Orbia. “These petitions seek to ensure that Orbia has a fair opportunity to enter the market and compete on commercially viable terms, free from the distortive effects of dumped and subsidized imports from China.”
For more information, please contact:
Timothy C. BrightbillWiley Rein LLP202-719-3138tbrightbill@wiley.law
Laura El-Sabaawi
Wiley Rein LLP202-719-7042lel-sabaawi@wiley.law
View original content:https://www.prnewswire.com/news-releases/wiley-files-trade-petitions-on-behalf-of-orbia-to-address-unfair-dumping-and-subsidies-of-lithium-hexafluorophosphate-from-china-wiley-rein-llp-reports-302705537.html
SOURCE Wiley Rein LLP
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