Trade Remedies

Importers face a dizzying array of laws that have the potential to dramatically increase the cost of importing into the United States. These include antidumping duty (AD) cases, countervailing duty (CVD) cases, circumvention actions under the Enforce and Protect Act of 2015 (EAPA), Section 201 actions, Section 232 actions, and Section 301 actions. Each of these laws adds risk to your international supply chain.

Antidumping and countervailing duties are additional duties assessed against specific articles from specific countries. Antidumping duties are intended to “level the playing field” between unfairly priced imports and similar goods manufactured in the United States. Countervailing duties are intended to “level the playing field” between unfairly subsidized imports and similar goods manufactured in the United States. Importers need to know whether their product is described in an AD or CVD order, and whether the country of origin of their product is one subject to an AD or CVD order. Barnes, Richardson & Colburn attorneys are experts in helping you establish whether the goods are in scope and the country of origin. We are also expert in helping you mitigate your risk if your goods are subject to AD/CVD orders.

The Enforce and Protect Act of 2015 allowed Customs to investigate allegations that goods are imported into the United States without paying AD/CVD duties that are due. In the law this is called circumvention. EAPA investigations can lead to very significant AD/CVD bills for importers. EAPA investigations also move very quickly. Barnes, Richardson & Colburn attorneys can help you respond quickly and properly to an EAPA investigation to ensure the company puts forth the best defense possible.

Section 201 actions are called Safeguard Duties and are intended to give relief to domestic manufacturers seriously injured by increased imports of goods from abroad. Section 232 actions are invoked when the national security of the United States is endangered by imports. Section 301 is invoked when the United States is not getting the full benefit of its international trade agreements. Barnes, Richardson & Colburn attorneys can assist you in navigating imposition of these duties, seeking exclusions (when applicable), or otherwise managing the impact of these duties on your supply chain.

Jun. 15, 2021
Updates in the Section 301 Actions Regarding Digital Service Taxes
May 28, 2021
Proposed Trade Act of 2021 Would Reinstate Exclusions, Refund 301 Duties
May 4, 2021
Member of Congress Press for Section 301 Exclusions
Apr. 13, 2021
Retaliation for Digital Service Taxes Not Foreclosed
Mar. 23, 2021
Senate Confirms USTR and Commerce Heads
Feb. 2, 2021
Airbus-Boeing Retaliatory Tariffs Still in Effect
Oct. 11, 2020
New Petition: Thermal Paper from Germany, Japan, Korea and Spain
Oct. 11, 2020
U.S. Rescinds Canadian Aluminum Tariffs, Monitoring Ongoing
Oct. 1, 2020
New Petition: Aluminum Foil from Armenia, Brazil, Oman, Russia and Turkey
Sep. 1, 2020
WTO: U.S. Wrongly Applied CVD to Softwood Lumber from Canada
Aug. 31, 2020
Commerce Proposes Major Changes to Maximize AD/CVD Enforcement
Aug. 31, 2020
Proposed Changes to New Shipper Reviews, Other AD and CVD Regulations
Aug. 12, 2020
New Petition: Chassis and Subassemblies Thereof from the PRC
Aug. 8, 2020
Airbus Initiates Final Step to Settle 16-Year Long WTO Litigation
Aug. 7, 2020
President Trump Reimposes 232 Duties on Canadian Aluminum
February 28, 2020
Federal Circuit Holds 232 is Constitutional
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