Trade Remedies

Antidumping, Countervailing Duty and Other Trade Proceedings

We represent clients in all types of U.S. international trade proceedings, including antidumping and countervailing duty investigations and reviews, Section 201 (safeguards) actions and Section 301 (unfair trade practices) proceedings. In these representations, we regularly appear before the U.S. Department of Commerce, the U.S. International Trade Commission, the Office of the United States Trade Representative, the Court of International Trade and the Court of Appeals for the Federal Circuit. Our lawyers’ experience in trade proceedings stretches back over two decades and dozens of cases.

Following the United States’ example, the number of antidumping investigations initiated by other countries has grown substantially in the last decade. These actions are taken under global trade rules largely harmonized under the WTO antidumping agreement, which is based on U.S. law and practice. In partnership with foreign counsel, we assist clients involved in antidumping investigations arising in other countries, inserting novel and creative arguments often for the first time in the investigating country. We have managed several antidumping investigations in China, Brazil, Mexico, Egypt, India and South Africa.

Our lawyers have also been active in analyzing the consistency of national actions with international agreements, such as the WTO and GATT.

Alston & Bird’s trade remedies practice encompasses antidumping investigations (both domestic and foreign) countervailing duty investigations and Section 201 (safeguards) investigations. Our recent successes include the following:

• Successful representation in the first antidumping anti-circumvention case.
• Representation of Chinese exporters in obtaining separate rates in antidumping proceedings.
• Representation of foreign producers in antidumping proceedings resulting in suspension agreements.
• Representation of both foreign companies and U.S. companies in U.S. antidumping proceedings, including investigations, administrative reviews and sunset reviews.
• Representation of U.S. and global companies in antidumping proceedings in Mexico, Brazil, China, Egypt, South Africa and India.
• Representation of parties in section 201 proceedings, including representation of the Chinese steel industry in the steel section 201 proceeding.
• Representation of Canadian softwood lumber producers in countervailing duty and antidumping proceedings, including managing derivative issues with Customs and Border Protection.
• Representation of a significant U.S. steel importer in numerous antidumping proceedings.
• Successful representation of an importer at the preliminary injury determination at the International Trade Commission.
• Successful representation in numerous antidumping scope proceedings.