White Paper

Revival of Age of Antidumping and Countervailing Duty Cases

 
For the first time since the era of pagers, dial-up, and Y2K hysteria, U.S. trade remedy cases are experiencing a resurgence. Under U.S. law, U.S. producers of goods may petition the U.S. government to impose extra tariffs on the import of competing goods deemed to be traded unfairly.

For the first few years of the resurgence, it flew under the radar. But by the second half of 2016, a clear trend has emerged, and the U.S. government has signaled that these trade remedies cases are here to stay. Last year, over twice as many antidumping cases were initiated than in 2009.

Under these laws, dumping is defined as selling imported goods at less than a calculated “fair value.” Antidumping duties are imposed to deter dumping by effectively raising the price of the imports found to be unfairly traded. Similarly, when imported goods are found to be subsidized by a foreign government, “countervailing duties” may be imposed to deter foreign subsidies, again by effectively raising the price of the subsidized imports.

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Scott Maberry is an International Trade partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office. Mr. Maberry counsels clients and litigates disputes in the areas of export controls, the Foreign Corrupt Practices Act, anti-terrorism, economic sanctions, anti-boycott controls, anti-money laundering, the Foreign Agents Registration Act, trade remedies including antidumping and countervailing duty matters, and Customs.

Lisa Mays is an associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington D.C. office. Ms. Mays’ practice focuses on international trade compliance and investigations. She advises clients on issues relating to anti-corruption; anti-money laundering; the False Claims Act; sanctions regulations on Cuba, Iran, and North Korea; and U.S. export and import controls, including the International Traffic in Arms Regulations and the Export Administration Regulations.

Agenda

Faculty

Lisa Mays

SheppardMullin

Lisa Mays is an associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington D.C. office. Ms. Mays’ practice focuses on international trade compliance and investigations. She advises clients on issues relating to anti-corruption; anti-money laundering; the False Claims Act; sanctions regulations on Cuba, Iran, and North Korea; and U.S. export and import controls, including the International Traffic in Arms Regulations and the Export Administration Regulations.

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