Trade Remedies
PRINTAntidumping 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
- COMMERCE RELEASES SECTION 232 REPORTS FOR STEEL, ALUMINUM
- January 22, 2018
- UNITED STATES IMPOSES TARIFF RATE QUOTA ON SOLAR CELLS AND MODULES
- January 22, 2018
- UNITED STATES IMPOSES TARIFF RATE QUOTA ON LARGE RESIDENTIAL WASHERS
- 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
- May 4, 2017
- BRC Partner Lawrence Friedman to Speak at Upcoming PERT Event
- March 8, 2017
- Barnes Partner Lawrence Friedman Quoted Regarding Tariff Engineering in Washington Post
- January 30
- David G. Forgue to Speak at Chicago Customs Broker and Freight Forwarder Association Seminar
- June 6, 2014
- Larry Friedman Elected Vice President of CITBA
- February 28, 2013
- Barnes/Richardson Client Receives De Minimis Rate in Hardwood Plywood Preliminary Determination
- December 6, 2011
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The Latest Lurking International Trade Liability
By: David G. Forgue - Aug. 10, 2011
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Barnes/Richardson Publishes White Paper on ENFORCE Act
By: David G. Forgue - August 10, 2011
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ENFORCE Act White Paper
By: David G. Forgue - September 29, 2004
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U.S. Trade Remedies, The Byrd Amendment And Imported Merchandise From China
By: Frederic D. Van Arnam, Jr.
