Practices 
 

Trade Remedies

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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.

March 10, 2014
White House Releases 2014 Trade Agenda
October 01, 2013
Government Shutdown Impacts International Trade Agencies
May 31, 2013
CBP Releases Notice of Intent to Distribute CDSOA Offsets
May 2, 2013
EU Raises Duties to Offset Byrd Amendment Distributions
January 29, 2013
WTO Launches Investigation of Argentina's Import Restrictions
December 6, 2012
United States and Argentina Call for Dispute Settlement Panels
December 6, 2012
Senate Approves Russia PNTR
September 17, 2012
USTR Challenges Chinese Auto and Auto Parts Subsidies
September 17, 2012
China Challenges U.S. Antidumping and Countervailing Measures
August 23, 2012
United States and Japan Launch WTO Challenges to Argentina's Trade Restrictions
June 21, 2012
China to Tighten Restrictions on Rare Earth Industry
June 1, 2012
CBP to Distribute FY 2012 Byrd Amendment Offsets
March 13, 2012
President Signs Legislation Applying Countervailing Duties to NMEs
December 19, 2011
Federal Circuit Rules Against Application of CVD Laws to NMEs
August 4, 2011
Congress to Consider FTAs, TAA Compromise, After August Recess
January 5, 2011
Department of Commerce Proposes Revised Method of Calculating Weighted Average Dumping Margin and Assessment Rate
December 22, 2010
New House Bill Would Give CBP Authority to Investigate Evasion of AD/CV Duties
10/27/2010
USTR Initiates Green Trade Investigation
September 30, 2010
House Passes Trade Sanctions Bill Aimed at China's Currency
September 12, 2010
USW Requests USTR Address Chinese Subsidies on Green Technology in Section 301 Petition
August 26, 2010
Commerce Outlines 14 Proposals to Strengthen Enforcement of Trade Remedy Laws that Could Result in Higher ADD/CVD Penalties
August 20, 2010
Court Decision Could Result in Lower Duties on Goods Subject to U.S. Trade Remedy Cases from Non-Market Economies
March 31, 2010
Petition for the Imposition of Antidumping & Countervailing Duties: Aluminum Extrusions from China
September 25, 2009
Petition for the Imposition of Antidumping & Countervailing Duties: Sodium & Potassium Phosphate Salts from China
September 24, 2009
Petition for the Imposition of Antidumping & Countervailing Duties Against Coated Paper from Indonesia & China
September 24, 2009
Petitions for the Imposition of Antidumping & Countervailing Duties: Standard Steel Fasteners from China & Taiwan
September 17, 2009
Petition for the Imposition of Antidumping & Countervailing Duties: Certain Seamless Carbon and Alloy Steel Standard, Line, & Pressure Pipe from China
July 14, 2009
USTR Requests Comments on ITC's Proposal for Additional Duties against Passenger Tires from China
July 9, 2009
New Petition for the Imposition of Antidumping Duties Against Narrow Woven Ribbons with Woven Selvedge from China and Taiwan, and Countervailing Duties Against China
July 9, 2009
Commerce Announces Preliminary Results in Antidumping Changed Circumstances Review for Six Companies in Frozen Warmwater Shrimp Case, Requests Public Comment
July 8, 2009
U.S. & Japan Establish Mutual Recognition of Each Other's Cargo Security Programs (C-TPAT/AEO)
June 30, 2009
New Petition for the Imposition of Antidumping Duties Against Certain Woven Electrical Blankets from China
May 27, 2009
New Petition Requesting AD/CV Duties against Prestressed Concreted Steel Wire Strand from China Filed at U.S. Department of Commerce
February 23, 2009
Federal Circuit Upholds Constitutionality of Byrd Amendment
February 20, 2009
Ways and Means Plans Busy Trade Agenda for 111th Congress
January 30, 2009
Supreme Court Reverses Eurodif
January 14, 2009
Deadline for Repayment of Byrd Funds Extended to March 28, 2009
January 13, 2009
Despite WTO Rulings U.S. Continues Use of Zeroing, Invites Public Comments
December 11, 2008
Commerce Withdraws Regulatory Provisions Governing Targeted Dumping
December 10, 2008
CBP Demands Repayment of Byrd Amendment Distributions for Imports from Canada and Mexico
July 22, 2008
Trade Enforcement Bill Introduced in the House, Action Unlikely this Year
June 4, 2008
CBP Issues Notice of Intent to Distribute Byrd Amendment Funds for FY 2008
January 7, 2008
ITC Issues Negative Injury Determination on Glycine
December 12, 2007
Customs Disburses $264 Million in Byrd Funds for 2007
November 30, 2007
DOC Seeks Comments on Market Economy Status of China and Targeted Dumping
October, 25, 2007
Commerce Issues Affirmative AD and CVD Determinations Against Imports of Coated Free Sheet Paper from China
June 6, 2007
WTO Establishes Panel to Address US Zeroing Practice on EU's Request

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