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.
- 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
- June 5, 2007
- CBP Issues Notice of Intent to Distribute FY 2007 AD/CV Revenues to Affected Domestic Producers
- June 5, 2007
- Justice O'Connor to Serve on NAFTA ECC Panels
- Apr. 20, 2007
- EC to Extend Byrd Sanctions to 32 Additional Products
- 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.
