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.
- 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
- 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
- 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.
