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.

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
April 5, 2017
Antidumping Duty Petition Filed Concerning Carton-Closing Staples
March 29, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Carbon and Alloy Steel Wire Rod
March 23, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Biodiesel
March 16, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Chinese Aluminum
March 16, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Silicon Metal
January 24, 2017
President Trump Signed a Presidential Memorandum Withdrawing the U.S. from the TPP
January 19, 2017
Presidential Authority over Trade
January 19, 2017
The National Trade Council
April 28, 2016
U.S. Steel Asks for General Exclusion Order on Chinese Steel
April 15, 2015
USDA Agreement Expands Pork and Beef Exports to Peru and Mexico
August 19, 2014
China Agrees to Negotiate a Suspension Agreement on Solar Panel Cells
July 15, 2014
WTO Finds U.S. Inconsistent with Obligations in India and China CVD Cases
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

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