Trade Remedies


Antidumping and countervailing duty (also known as CVD or subsidy cases) are among the most common actions against "unfairly traded" imports, and are used by U.S. producers to increase the duties collected, in order to offset the alleged unfairness.

Barnes/Richardson is a recognized leader in all aspects of antidumping and countervailing duties law, including planning pricing programs to minimize special duty exposure, filing and responding to petitions, responding to questionnaires, commenting on preliminary or final results through the submission of briefs and participation in hearings, and participation in annual reviews.

In addition to antidumping and CVD cases, trade remedy cases also may be brought under certain "safeguard" provisions, including section 421 of the Trade Act (which are special safeguard cases applicable to China) and section 201 (which are applicable to all countries). Such cases do not require a showing of "unfairness," but only injurious import levels. However, these actions are subject to Presidential approval so relief can be more problematical for U.S. producers. Cases involving intellectual property claims (involving patents, trademarks, and copyrights) can be brought at the U.S. International Trade Commission ("ITC") under section 337 of the Tariff Act and can result in the exclusion from the United States of infringing merchandise.

The team at Barnes, Richardson & Colburn is experienced in all aspects of these cases. Several of our attorneys and professionals have worked for the government agencies charged with administration of the trade laws. Our team includes a former attorney in the Office of the General Counsel of the ITC, a former senior official in the Commerce Department office that handles trade cases against China and Vietnam, and a former economic expert from ITC. These former government officials bring insight into the operations of the governmental agencies and their decision-making processes. They provide clients with the technical expertise and knowledge of the economic analysis and dumping calculations undertaken by government agencies. This expertise provides an important ability to anticipate possible problems and solve those problems for the client efficiently.

Our lawyers and professionals have worked in all major industry sectors. For example, they have extensive experience in steel products and downstream products, including involvement in the section 201 steel case as government officials and as representatives of major exporters. We have also represented both producers of raw agricultural products and processed products in numerous proceedings before government agencies. We have represented chemical producers worldwide in trade remedy and customs issues and serve as private representatives providing advice to governmental agencies on trade issues involving chemicals. And, we have experience in handling trade issues regarding textiles and apparel.

Our trade remedies team works together with our customs law team to find the best and most comprehensive solutions. Our attorneys have worked for both foreign and domestic producers, and for importers. We have extensive experience under U.S. trade laws, and also have worked with local counsel on behalf of U.S. and European companies in defending actions brought under foreign dumping or CVD laws.

July 8, 2019
USTR Issues More Section 301 Exclusions
June 20, 2019
Trade Representative to Launch E-Filing Portal for Section 301 Exclusion Requests
May 30, 2019
Revisiting First Sale as a Basis for Declaring Customs Value as a Strategy to Reduce Duty Obligations under Section 301
May 10, 2019
CBP Clarifies Effective Date for 301 Duty Increase
May 9, 2019
Section 301 Tariffs Increase and Expand
February 25, 2019
President Trump Delays Deadline for 301 Tariff Increase
February 15, 2019
Spending Package Mandates 301 Exclusion Process for Tranche 3, Improved 232 Process
December 19, 2018
U.S. Court of International Trade Hears Case on Constitutionality of Section 232 Steel and Aluminum Duties
September 25
China Imposes Another Round of Retaliatory Tariffs
September 20, 2018
USTR Finalizes Third Tranche of Tariff Numbers Subject to China 301 Duties
September 20, 2018
China 301 List 1 and 2 Exclusion Deadlines are Fast Approaching
June 22, 2018
USTR Announces Tariffs on Retaliatory Section 301 Tariffs on Chinese Products
May 3, 2018
Argentina Agrees to Export Quotas, Avoids Section 232 Tariffs
May 1, 2018
232 Update: Exemptions Extended, Drawback Denied
April 5, 2018
Chinese Government Requests WTO Consultations for Section 301 Tariffs
April 4, 2018
USTR Publishes Proposed List of Products Subject to Section 301 Tariffs
April 4, 2018
Chinese Government Files Retaliatory Tariff Notice with WTO, Promises Additional Ag and Automotive Tariffs
March 29, 2018
KORUS Agreement Reached: Autos, Pharmaceuticals, Currency the Focus of Planned Amendments
March 29, 2018
Japan Rules Out Possible Bilateral FTA Talks with U.S., Objects to Section 232 Steel Proclamation
March 22, 2018
USTR Office Publishes Section 301 Report on Chinese IP, Data Transfer Policies and Practices
March 19, 2018
Commerce Releases 232 Exclusion Materials And Interim Regulations
March 8, 2018
President Trump Signs “National Security” Proclamation Restricting Steel Imports
February 16, 2018
January 22, 2018
January 22, 2018
November 28, 2017
Commerce Self-Initiates AD/CVD Investigations of Chinese Aluminum Sheet Imports
August 22, 2017
USTR Initiates Section 301 Investigation of Chinese IP Policy
August 10, 2017
Commerce Rules Heat-Treated Aluminum 5050 Extrusions As Circumvention; Overturns Related Scope Rulings
June 14, 2017
Commerce Seeks Public Comment on Draft Sugar Suspension Agreement
June 6, 2017
U.S., Mexico Renegotiate Sugar Suspension Agreement
June 2, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Citric Acid and Certain Citrate Salts from Three Countries
June 1, 2017
Section 201 Global Safeguards Petition Filed Concerning Imports of Residential Washers
June, 1, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Fine Denier Polyester Staple Fiber form Five Countries
May 25, 2017
ITC Initiates Solar Panel Global Safeguard Investigation
May 19, 2017
BIS Issues Notice with Additional Information for Upcoming Section 232 Steel Hearing
May 11, 2017
Senate Confirms Robert Lighthizer for USTR
May 10, 2017
International Trade Commission Institutes Second and Third Parts of Digital Trade Investigation
May 9, 2017
Bureau of Industry and Security Solicits Public Comments, Announces Public Hearing for Section 232 Aluminum Investigation
April 28, 2017
President Trump Directs Commerce to Expedite National Security Investigation of Aluminum Imports
April 27, 2017
Antidumping/Countervailing Duty Petition Filed Concerning 100- to 150- Seat Large Civil Aircraft from Canada
April 26, 2017
Bureau of Industry and Security Solicits Public Comments, Announces Public Hearing for Section 232 Steel Investigation
April 26, 2017
Section 201 Petition Filed Concerning Silicon Photovoltaic Cells and Modules
April 25, 2017
Commerce Issues Preliminary Affirmative CVD, Critical Circumstances Determinations for Canadian Softwood Lumber
April 25, 2017
Finance Committee Approves Lighthizer's USTR Waiver and Nomination
April 21, 2017
Commerce Department, USTR Solicit Public Comment on Trade Deficit Omnibus Report
April 21, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Certain Tool Chests and Cabinets
April, 21, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Certain Cold-Drawn Mechanical Tubing

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