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Category Archives: Dumping and Subsidies

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U.S. Customs and Border Protection Issues First Notices of Action Under the Enforce and Protect Act

Posted in Antidumping, Customs Law, Dumping and Subsidies, Trade Remedies
Last week, U.S. Customs and Border Protection (CBP) posted two Notices of Action (NOAs) regarding allegations submitted pursuant to the Enforce and Protect Act (EAPA).  The NOAs—one to initiate an allegation and one notice of non-initiation—are the first that have been posted since CBP established its interim rules for EAPA allegations in August 2016. These… Continue Reading

CBP to Publish New Regulations on Evasion of Antidumping and Countervailing Duties

Posted in Announcements, Antidumping, Customs Law, Dumping and Subsidies, Trade Remedies
New Regulations Allow for Investigation of Duty Evasion U.S. Customs and Border Protection (CBP) released interim final regulations setting up a new procedure for investigating evasion of antidumping (AD) and countervailing duties (CVD).  The interim regulations, which are subject to public comment, put into place important provisions of the “Enforce and Protect Act of 2015,”… Continue Reading

Wiley Rein Releases Updated Report on Global Steel Industry Overcapacity

Posted in Announcements, Antidumping, Compliance, Customs Law, Dumping and Subsidies
Today our International Trade Group published a report—the second edition of its kind—on the unprecedented level of overcapacity in the global steel industry, which is severely distorting the world market and threatening the viability of many steel producers worldwide. Since the first edition of Government Intervention and Overcapacity was released in July 2013, excess capacity has… Continue Reading

China’s WTO Subsidy Notifications – The Drama Continues

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Trade Remedies, World Trade Organization
In a World Trade Organization (WTO) submission filed on January 28, the United States once again took issue with the substance of China’s subsidy notifications to the WTO.  The WTO’s  Agreement on Subsidies and Countervailing Measures (SCM Agreement) requires WTO Members to provide annual notifications of any subsidy programs in a manner that is “sufficiently specific… Continue Reading

Congress Moves Forward on ENFORCE Trade Evasion Legislation

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Uncategorized, World Trade Organization
  Congress took an important step toward strengthening U.S. trade law enforcement by moving forward a conference report on the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644), which includes the Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act. ENFORCE addresses the serious and growing problem of evasion of antidumping and countervailing duties.… Continue Reading

Importers Find That Trade Remedies Evasion Doesn’t Pay

Posted in Compliance, Customs Law, Dumping and Subsidies, Manufacturing, Trade Remedies
Last week, several individuals involved in a multi-year scheme to fraudulently misclassify imported Chinese magnesium powder were handed prison sentences by a federal judge. The defendants, William Nehill and Gregory Magness, pled guilty in the scheme several years ago. Magness has been given an 18-month prison sentence, while Nehill will serve 90 days; both Nehill and… Continue Reading

U.S. Trade Representative Asks for Data on Global and Telecom Trade Barriers for Annual Reports

Posted in Announcements, Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy
The Office of the U.S. Trade Representative (USTR) is seeking input from companies and industry on trade barriers from around the world, in preparation for its annual National Trade Estimate (“NTE”) Report on Foreign Trade Barriers as well as a more focused report on violations of telecommunications trade agreements. USTR announced its request in an… Continue Reading

Single Transaction Bonds: Two Steps Forward, One Step Back?

Posted in Appeals, Customs Law, Dumping and Subsidies
Two weeks ago, the U.S. Court of International Trade issued its first opinion regarding U.S. Customs & Border Protection’s relatively recent practice of requiring single transaction bonds of importers at the “all others” rate in effect for specific antidumping duty orders, where the agency believes that there is a significant risk that the importer is… Continue Reading

Victory for Domestic Industry on Single Transaction Bonds Issues

Posted in Appeals, Customs Law, Dumping and Subsidies, Trade Remedies
A closely watched case at the U.S. Court of International Trade (CIT) has resulted in a big victory for U.S. Customs & Border Protection (CBP) and for U.S. companies that avail themselves of the U.S. trade remedies laws. The case involved a challenge to CBP’s authority to require single transaction bonds (STBs) for goods subject… Continue Reading

Will U.S. Aluminum Firms Reap the Benefits of Growing Demand?

Posted in Dumping and Subsidies, Manufacturing, Trade Remedies
With demand from the auto, aerospace, and other industries on the rise, many U.S. aluminum manufacturers are anticipating a renaissance in the industry. After years of depressed prices stemming from surplus global primary production, capacity rationalizations upstream, and growing demand downstream, have combined to restore a delicate balance. Firms like Alcoa and Novelis are restructuring… Continue Reading

United States Asks WTO to Examine “Pervasive” AD/CVD Duty Evasion

Posted in Dumping and Subsidies, Manufacturing, TPA, TPP, Trade Agreement Compliance, Trade Policy, Uncategorized, World Trade Organization
The United States took another step this week to turn up the heat on companies who evade antidumping and countervailing duties, by asking a World Trade Organization committee to investigate the growing problem of antidumping duty “evasion services.” In a March 16 submission to the WTO Committee on Anti-Dumping Practices Informal Group on Anti-Circumvention, the… Continue Reading

Using Stronger Trade Laws to Build Support for TPA, TPP

Posted in Dumping and Subsidies, TPA, TPP, Trade Agreement Compliance, Trade Negotiations, Trade Policy, World Trade Organization
The Obama Administration and Congress have what many experts view as a critically important opportunity to create jobs, expand trade and manufacturing, and improve the global rules of international trade.  This opportunity comes by way of the Trans-Pacific Partnership (TPP) free trade negotiations, which are now drawing to a close.  If approved, TPP would be… Continue Reading

CBP Issues Alert on Scope of Antidumping & Countervailing Duty Orders on Chinese Furniture

Posted in Customs Law, Dumping and Subsidies
On February 18, 2015, U.S. Customs & Border Protection (CBP) issued an alert to importers regarding the scope of the antidumping and countervailing duty orders on wooden bedroom furniture from China. The alert is a welcome sign of the agency’s increased efforts to educate the importing community about existing trade orders. When an antidumping or… Continue Reading

China Going Global: A New Challenge for U.S. Manufacturers

Posted in Dumping and Subsidies, Manufacturing, Trade Policy, Trade Remedies
China’s State Council rang in this year’s holiday season by announcing a plan that could bring substantial gifts to certain Chinese manufacturers–as well as substantial challenges to their competitors in the United States.  The plan calls for sweeping measures to support Chinese firms in “going global,” either through exports or by establishing a commercial presence… Continue Reading

WTO Decisions Create Questionable Standards for Subsidies Benchmarks

Posted in Dumping and Subsidies, Trade Agreement Compliance, Trade Remedies, World Trade Organization
In two recent disputes, the World Trade Organization (WTO) Appellate Body issued reports that make the world safer for subsidized exports.  Following decisions that restrict the Department of Commerce’s (“Commerce”) ability to identify state-owned enterprises as “public entities,” these reports raise important questions, including: Why is the Appellate Body issuing decisions that arguably safeguard state… Continue Reading

CBP Warns Importers: Don’t Fall For AD/CVD Scams!

Posted in Compliance, Customs Law, Dumping and Subsidies, Manufacturing, Trade Remedies
When importers’ fail to properly declare duties on products subject to trade orders, it harms the U.S. economy.  Failing to properly declare duties costs the U.S. Treasury millions of dollars each year, reducing U.S. manufacturing employment, and undermining U.S. industries’ ability to recover from the injurious effects of unfairly traded imports. As such, enforcement of… Continue Reading

Part 2: U.S.-China Economic and Security Review Commission Annual Report Analysis

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Trade Remedies
U.S.-China Commission Highlights Industrial Overcapacity, Stagnant Reforms in 2014 In 2013, there were high hopes that change was on the horizon for many of the issues that have caused tension in the U.S.-China economic relationship.  China’s new president, Xi Jinping, hailed by many as an aggressive and unapologetic reformer, unveiled an agenda at the Chinese… Continue Reading

Part 1: U.S.-China Economic and Security Review Commission Annual Report Analysis

Posted in Dumping and Subsidies, Manufacturing, Trade Agreement Compliance, Trade Policy, Trade Remedies
U.S.-China Economic and Security Review Commission Calls for Action Against Chinese State-Owned Enterprises and Unfair Trade Practices The U.S.-China Economic and Security Review Commission released its annual report on November 20, emphasizing the need for Congress, the Commerce Department, and other U.S. Government agencies to help U.S. firms affected by China’s “anticompetitive” actions and policies.… Continue Reading

U.S. Government Brings Trio of Penalty Suits for AD/CVD Import Violations

Posted in Appeals, Customs Law, Dumping and Subsidies, Trade Remedies
So far this month, the Department of Justice has filed three collection suits against importers accused of negligently importing goods subject to antidumping and countervailing orders. The new cases include: U.S. v. 3A Industrial Supply, LLC, CIT Ct No. 14-242, seeking penalties in conjunction with one entry of butt-weld pipe fittings from China. U.S. v.… Continue Reading

Commerce Places Substantial Anti-dumping Duties On Chinese Wire Rod

Posted in Dumping and Subsidies, Trade Remedies
The U.S. Department of Commerce (Commerce) has placed preliminary dumping duties in excess of 100 percent on all wire rod imported from China.  These import duties will be instrumental in providing relief to the domestic wire rod industry that has already suffered material injury caused by Chinese imports.  In its preliminary determination published on September… Continue Reading
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