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Category Archives: Antidumping

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CBP Announces Critical Interim Measures in New Investigations Against Evasion of the Antidumping Order on Chinese Diamond Sawblades

Posted in Antidumping, Customs Law, Trade Remedies
On Friday, September 22, U.S. Customs and Border Protection (CBP) announced interim measures in a consolidated investigation under the Enforce and Protect Act of 2015 (EAPA), against U.S. importers of Chinese sawblades Power Tek Tool, Inc. (Power Tek) and Lyke Industrial Tool, LLC (Lyke). CBP has a “reasonable suspicion” that Power Tek and Lyke are… Continue Reading

CBP Initiates Investigation and Takes Critical Interim Measures Against Evasion of Antidumping Order on Chinese Diamond Sawblades

Posted in Antidumping, Customs Law, Trade Remedies
U.S. Customs and Border Protection (CBP) under the Enforce and Protect Act of 2015 (EAPA) recently notified on the initiation of an investigation and adoption of interim measures against Diamond Tools Technology (DTT), finding that there is a “reasonable suspicion” that DTT is evading the antidumping duty order on Diamond Sawblades from China by transshipping… Continue Reading

U.S. Customs and Border Protection Issues First Final Affirmative Determination of Evasion Pursuant to the Enforce and Protect Act

Posted in Antidumping
On August 14, 2017, U.S. Customs and Border Protection (CBP) issued its first final affirmative determination of evasion pursuant to the Enforce and Protect Act (EAPA).  The EAPA was passed as part of the Trade Facilitation and Trade Enforcement Act of 2015 and established a formal process for CBP to investigate allegations of evasion of… Continue Reading

USTR Files Landmark WTO Complaint, on Behalf of Wiley Rein Client, on China’s Subsidies to Aluminum Producers

Posted in Announcements, Antidumping, World Trade Organization
On behalf of Wiley Rein LLP’s client, Century Aluminum, United States Trade Representative Michael Froman today filed one of the largest and most complicated World Trade Organization (WTO) cases in recent years. The landmark case challenges China’s subsidization of its aluminum industry and seeks to remedy the injury the Chinese government’s policies are causing to the… 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

China’s Request for Market Economy Status

Posted in Antidumping, World Trade Organization
As anticipated, the Chinese government today requested consultations with the United States at the World Trade Organization (WTO) regarding the use of the “non-market economy” (NME) methodology in antidumping investigations. Wiley Rein represents numerous U.S. industries that oppose China’s request for market economy status. China bases its request on the December 11, 2016, expiration of… Continue Reading

Trade Relief on Diamond Sawblades from China Significantly Reduces Unfairly Traded Imports

Posted in Antidumping
The most recent administrative review of the antidumping order on diamond sawblades and parts thereof from the People’s Republic of China resulted in the highest margins to date against imports of such products from China. As a result of the antidumping order, imports of diamond sawblades from China in the recent years have been on… Continue Reading

How Customs Can Collect Billions in Unpaid AD/CVD Duties

Posted in Antidumping
On August 15, 2016, the United States Government Accountability Office (GAO) released a report finding that there are $2.3 billion in uncollected antidumping and countervailing duties (AD/CVD) that U.S. Customs and Border Protection (CBP) has yet to receive.  GAO examined data for entries from 2001 through 2014, and the amount owed on these entries through… 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

Treatment of China as a Non-Market Economy Country After 2016

Posted in Antidumping, World Trade Organization
When China joined the World Trade Organization (WTO) in 2001, there was general agreement that because of the Chinese government’s pervasive control over prices, it would be unrealistic to require other WTO members to use Chinese prices and costs in antidumping investigations of Chinese imports. This agreement was embodied in Section 15 of China’s Protocol… Continue Reading
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