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Category Archives: Trade Remedies

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Commerce Officially Launches Investigation to Determine Whether Steel Imports Should be Restricted on National Security Grounds

Posted in Announcements, National Security, Trade Remedies
The Trump Administration has officially launched an investigation into whether steel imports should be restricted on national security grounds pursuant to Section 232 of the Trade Expansion Act of 1962. Section 232 is a rarely-used provision of U.S. trade law and was last invoked in 2001.  The statute provides that investigations may be initiated upon… Continue Reading

New Executive Order Aims to Enhance Antidumping and Countervailing Duty Collection

Posted in Customs Law, Dumping and Subsidies, Manufacturing, Trade Remedies
On Friday, March 31, 2017, President Trump signed a new executive order aimed at enhancing antidumping and countervailing duty collection. The order charges U.S. Customs & Border Protection (CBP) to develop an action plan focused on ensuring that importers of goods subject to trade remedy orders provide adequate security to ensure payment of all duties,… Continue Reading

Could Section 301 Return to Prominence?

Posted in Trade Agreement Compliance, Trade Negotiations, Trade Policy, Trade Remedies, World Trade Organization
Of the policy questions related to the incoming Trump Administration, one of the most compelling is whether the new President will revive Section 301 of the Trade Act of 1974 as a major component of U.S. trade policy.  Mr. Trump’s call to “direct all appropriate agencies to use every tool under American and international law… Continue Reading

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

China Absent from Statement on Steel Overcapacity

Posted in Manufacturing, Trade Negotiations, Trade Policy, Trade Remedies
On April 18th and 19th, leaders from some of the world’s major steel producing countries met in Brussels to discuss the overcapacity problem that is wreaking havoc on the global steel industry. Last night, the governments of Canada, the European Union, Japan, Mexico, Korea, Switzerland, Turkey, and the United States issued a statement agreeing, among… 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

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

President Obama Signs Into Law Trade Promotion Authority, Including Significant New Changes to Strengthen U.S. Trade Remedy Laws

Posted in TPA, TPP, Trade Negotiations, Trade Policy, Trade Remedies
Today, June 29, 2015, President Obama signed into law trade promotion authority (TPA), giving his administration the ability to negotiate international trade agreements subject to approval by Congress without amendment.  This is the first time TPA, which last expired in 2007, has been approved for the Obama Administration. The White House announcement is here. Today’s… 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

Risks of Importing Goods Subject to Antidumping and Countervailing Duties

Posted in Appeals, Customs Law, Litigation, Trade Remedies
Two opinions released last week by the U.S. Court of International Trade (CIT) underscore the risks that importers face when bringing in goods subject to U.S. trade remedies laws. P.F. Stores, Inc. v. United States and Hutchison Quality Furniture, Inc. v. United States both involved importers of goods subject to the antidumping duty order on… Continue Reading

China’s Selective Elimination of Aluminum Export Duties Threatens Global Manufacturers

Posted in Manufacturing, Trade Remedies
Effective May 1, China eliminated a 15 percent export tax on certain semi-processed aluminum bars, rods, and strip. Almost immediately, the London Metals Exchange global aluminum price and share prices of non-Chinese aluminum producers fell, while the share price of China’s major state-owned producer, Chalco, rose by 10 percent.… Continue Reading

Commerce Examining Korean Chaebols Affiliation for the Welded Line Pipe from Korea AD Investigation

Posted in DOC Reviews, Manufacturing, Trade Remedies
The Department of Commerce (“Commerce”) announced its preliminary determination in the less-than-fair-value investigation of welded line pipe from Turkey and Korea on May 15, 2015.  Commerce calculated dumping margins in Korea ranging from 2.52% to 2.67% for all manufacturers.  These dumping margins follow Commerce’s finding of de minimis countervailing duty margins for Korean line pipe… Continue Reading

Senate Reaches Agreement on Consideration of TPA, Customs Enforcement, and other Trade Legislation

Posted in Trade Negotiations, Trade Policy, Trade Remedies
The Senate yesterday reached an agreement on the process for considering a set of trade bills, which would ultimately allow the Bipartisan Congressional Trade Priorities and Accountability Act 2015 (“TPA bill”) to proceed to debate and amendment on the Senate floor.  On Tuesday, a vote to invoke cloture for the TPA bill failed to pass… 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

ITC Invites Companies to Participate in Study on Effects of U.S. Restrictions on Trade With and Travel to Cuba

Posted in Economic Sanctions, Trade Remedies
On January 30, 2015, the U.S. International Trade Commission (ITC), an independent, nonpartisan, fact-finding federal agency, launched an investigation to examine the economic effects on exports of U.S. goods and services on trade with and travel to Cuba.  This investigation is in direct response to a request received by the U.S. Senate Committee on Finance… Continue Reading

New Dumping Case Filed Against Silicomanganese Imports from Australia

Posted in Trade Remedies
On February 18, 2015, Feldman Production LLC (Feldman), a West Virginia manufacturer of silicomanganese, filed petitions with the Department of Commerce (Commerce) and the International Trade Commission (ITC) alleging that Australian producers are selling silicomanganese in the United States at dumped prices.  Silicomanganese from India, Kazakhstan, Venezuela, China, and Ukraine is already subject to antidumping… 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

Leveling the Playing Field Act: What effect will it have on the U.S. trade laws?

Posted in Trade Policy, Trade Remedies
Yesterday, Senator Sherrod Brown (D-OH) introduced bill S.2994—the “Leveling the Playing Field Act” (“Act”)—in the U.S. Senate.  The legislation is intended to improve the United States’ ability to address unfair foreign trade practices, in part by strengthening the U.S. antidumping (AD) and countervailing duty (CVD) laws.  The bill has provisions affecting both the Department 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
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