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ADD/CVD
Overview

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
  • They have represented both producers of raw agricultural products and processed products in numerous proceedings before government agencies
  • They 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
  • They 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.   A representative list of the cases that our lawyers have worked on can be found here.

We pride ourselves in finding practical business solutions to trade remedies issues.  For further information on your particular situation, please contact Matthew T. McGrath at mmcgrath@barnesrichardson.com or at 202-483-0070, or Jeffrey S. Neeley at jneeley@barnesrichardson.com at 202-483-0070.     


 







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