Trade Remedies: Antidumping, Countervailing Duty, and Other Trade Proceedings

There are many types of trade remedy proceedings in addition to the typical antidumping and countervailing duty actions. In the U.S. these include Section 201 (escape clause), Section 232 (national security), and Section 301 (investigations), all of which are enjoying a renaissance of use. Manufacturers and trading companies around the world are facing increased complexities in a fragile global supply chain and uncertainties in overseas markets as a result of the proliferation of trade remedy proceedings by the United States and other countries.

With more than three decades of trade remedies experience, our International Trade & Regulatory Team is well positioned to help clients fight the imposition of and address the challenges imposed by trade remedy measures. Our lawyers have guided foreign and domestic producers, exporters, and importers from a broad range of industries through all types of U.S. trade remedies proceedings, including antidumping and countervailing duty investigations, administrative reviews, scope inquiries, and sunset reviews. We regularly appear before the U.S. Department of Commerce, U.S. International Trade Commission (ITC), Office of the United States Trade Representative (USTR), Court of International Trade, and Court of Appeals for the Federal Circuit.

We have partnered with trusted colleagues at foreign firms with whom we have a long history to assist clients involved in trade remedy proceedings arising in other countries, often inserting novel and creative arguments for the first time in the investigating country. We have defended clients in trade remedy proceedings initiated by the United States, EU, Canada, Australia, Brazil, South Africa, Mexico, India, and China. Our team works seamlessly around the clock from multiple locations, including Washington, D.C., New York, and Beijing. This enables us to handle assignments in multiple jurisdictions worldwide, offering local knowledge, cross-border experience, and global support and advice.

• Obtained the lowest antidumping rate in the final determination for Prinx Chengshan (Shandong) Tire Co. Ltd. (PCT) in this high-profile antidumping investigation on truck and bus tires from China.
• Representing ARLANXEO in an antidumping duty proceeding involving emulsion styrene-butadiene rubber from Brazil before the U.S. Department of Commerce and ITC.
• Represented ACCO Brands in an antidumping scope inquiry involving overhead transparencies from China made from PET film.
• Represented Tesla in the Section 201 investigation of solar cells and panels as well as in antidumping and countervailing duty proceedings on solar cells and panels before the U.S. Department of Commerce.
• Represented Brazilian steel company Usiminas in an antidumping and countervailing duty case involving cold-rolled steel sheets from Brazil and in a separate antidumping and countervailing duty case involving hot-rolled steel sheets from Brazil.
• Represented Autoliv ASP Inc. in the antidumping proceeding on mechanical tubing from China and Korea as well as the steel Section 232 proceeding.
• Represented a Chinese producer of xanthan gum in an antidumping duty case.
• Represented Mitsui & Co. (U.S.A.), a U.S. importer of cold-rolled and corrosion-resistant steel from Vietnam, in a circumvention inquiry of the antidumping orders on corrosion-resistant and cold-rolled steel from China.
• Represented Glencore in the sunset review of the antidumping order on ferrovanadium from South Africa.
• Represented Husqvarna, a Swedish producer of diamond sawblades and a U.S. importer, in administrative proceedings and litigation before the Court of International Trade and the Federal Circuit.