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.
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By: David G. Forgue - August 10, 2011
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ENFORCE Act White Paper
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