Advising and Representing Companies in Antidumping and Countervailing Duty Actions
Trade Pacific represents clients in antidumping and countervailing duty investigations, administrative reviews and sunset reviews at the U.S. Department of Commerce, at the U.S. International Trade Commission, and in federal court proceedings.
Our lawyers and trade remedy experts have advised and represented private and public companies, trade associations, and governments for over 25 years.
When Do Antidumping and Countervailing Duty Actions Arise?
Antidumping duty (AD)
Antidumping duty (AD) actions arise when a U.S. domestic industry alleges that imports of particular goods from specific countries are being sold at less than fair value and that the “dumped” goods are causing economic injury to the domestic producing industry.
Countervailing duty (CVD)
Like AD actions, countervailing duty (CVD) actions are product and country-specific, and arise when U.S. domestic companies allege that foreign exporters are being unfairly subsidized by their governments and that such subsidization has caused harm to the U.S. industry.
AD/CVD investigations produce results that extend for years and sometimes for decades. While inadequate and ineffective participation in AD/CVD investigations result in antidumping duties and countervailing duties that restrict and even prevent access to the U.S. market, successful participation in AD/CVD proceedings presents exporters and importers with tremendous competitive advantages.
Helping our Clients Gain Competitive Advantage
Trade Pacific represents companies in annual administrative reviews of AD/CVD orders to obtain refunds of duties and to lower future duty deposits.
We help companies reduce and eliminate duties through administrative reviews, scope ruling requests, circumvention inquiries, new shipper reviews, and sunset reviews.
Because of the varying antidumping duty and countervailing duty margins, AD and CVD orders can have disastrous consequences for unprepared companies. In contrast, companies that plan can achieve benefits from unfair trade investigations.
In most cases, an exporter’s keenest competition does not come from a market contender in the importing nation, but rather from a fellow exporter.
Companies that plan well and succeed in unfair trade cases can gain significant and lasting advantages over other exporters that do not. A good preventative strategy must include a review of pricing and market conditions to assess antidumping duty or countervailing duty liability.
While we frequently represent and counsel companies that are unexpectedly subject to AD or CVD investigations, we also work with companies to proactively manage risk in preparation for AD/CVD investigations or reviews.
- Trade Pacific provides exporters with periodic analyses of export and home-market sales and cost information. Our in-house SAS programmers and trade consultants use the Commerce Department’s calculation method to determine in advance the range of potential duty outcomes. This provides an exporter with an indication of its potential AD liability and enables companies to take actions that reduce or eliminate future duties.
- Trade Pacific assists exporters in general risk monitoring by periodically reviewing import statistics, by monitoring relevant trade reports, and by monitoring Congressional and federal agency actions that indicate a potential likelihood of new trade actions.