On March 12, 2026, the ITC voted 2-1 that Chinese AAM imports are "not materially retarding the establishment" of a domestic industry. Commissioner Kearns dissented. Commerce had already found combined AD/CVD margins around 160% (final CVD 66.82–66.86%, AD 93.5%, China-wide 102.72%). Both agencies must concur for orders to issue. They did not. Cash deposits collected during the investigation will be refunded.
The petitioner coalition (Anovion, Syrah Technologies, NOVONIX, Epsilon Advanced Materials, SKI US) proved the subsidies and proved the dumping. The ITC applied the "material retardation" standard reserved for nascent industries and concluded the domestic sector was too embryonic to demonstrate harm. A structural catch-22 now sits in the record: trade protection requires an established industry, but reaching scale without protection is precisely what these producers cannot do. SK On's termination of its procurement agreement with Westwater Resources on March 31, 2026, illustrates the commercial environment they face without it.