United States International Trade Commission Injury Cases
In antidumping and countervailing duty investigations and sunset reviews, the United States International Trade Commission determines whether the U.S. industry is materially injured or threatened with material injury by reason of imports under investigation. Trade Pacific represents U.S. and foreign companies and associations before the U.S. International Trade Commission opposing claims that allegedly dumped or subsidized imports are causing or threatening to cause material injury to the U.S. industry that made the antidumping or countervailing duty allegation.
Safeguard measures, under Sections 201 and 421 of the Trade Act of 1974, are less frequently relied on as a source of protection from imports by U.S. industries.
Safeguards may impose restrictions on imported goods for up to four years if the International Trade Commission (“ITC”) determines that overall U.S. imports of a product are causing serious injury to a U.S. industry (regardless of whether the imports are fairly traded). The ITC decides whether a domestic industry has been injured, and then recommends a remedy that might include increased tariffs, quotas, trade adjustment assistance or other relief. These recommendations are forwarded to the President, who has the discretion to determine what and whether relief will be implemented.
Trade Pacific’s attorneys and trade analysts represent and advise clients through safeguard investigations at the ITC and provide recommendations to importers on managing supply chains if restrictions are imposed by the United States.