Anti-Dumping Duty Imports

News & Analysis as of

CBP’s New Task Force and the Long Road Ahead to Trade Law Enforcement

Earlier this month, U.S. Customs and Border Protection (“CBP”) announced the establishment of a Trade Enforcement Task Force within its Office of Trade. According to the CBP, the Task Force is designed to “further protect...more

Trade & Manufacturing - May 2016

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years - On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of...more

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years

On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of continuation of the relief provided by the orders on polyethylene retail carrier bags from China,...more

Threatened US trade action targeting global imports could significantly disrupt the US steel market

By many accounts, the US steel industry is in a significant downturn, which by some measures is nearly as bad as that suffered during the last recession. In response to this downturn, the US steel industry has filed a series...more

CBP Ramps Up Enforcement Efforts With “Live Entry” Requirements for Steel Imports Subject to AD/CVD Orders

Customs and Border Protection (CBP) recently initiated a new effort to enforce and deter duty evasion on imports of steel products subject to antidumping (AD) and countervailing duty (CVD) orders. The new “live entry”...more

US Customs Bill Addresses Trade Remedy Enforcement, IPR Protection and US Trade Agreements

On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act ("the Act"), which covers, inter alia, US trade remedy law enforcement, intellectual property rights (IPR) protection by...more

The European Union Launches Public Consultation on China’s Non-Market Economy Status and the Impact on the Effectiveness of...

A public consultation has been launched by the European Commission in relation to the expiration of certain provisions of China’s Accession Protocol to the World Trade Organization (WTO) concerning its status as a non-market...more

Congress Passes the Customs Reauthorization Bill

Last week the U.S. Congress passed the Trade Facilitation and Trade Enforcement Act of 2015, also known as the Customs Reauthorization Bill. The Bill, which we expect to be signed by the President, will update U.S. Customs...more

US China Trade War – Dueling US China Antidumping Cases, China’s NME Status, TPP, Aluminum and Congress Failure to let TAAF Fix...

I have been in China for two weeks working on the Solar Cells and Steel Sinks cases. This is an abbreviated February newsletter, which will cover trade and trade policy, including the new trade cases filed in the United...more

Customs Bill Strengthens Trade Enforcement

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote. After passing the House of Representatives in December 2015, Senate action was delayed after a...more

New U.S. Trade Law Exposes Importers to Duty Evasion Allegations and Targets Currency Manipulation, Among Other Changes

This week Congress amended U.S. customs law to create new risks and opportunities for companies importing goods into the United States. Most significantly, the Trade Facilitation and Trade Enforcement Act (TFTEA) will...more

Solar Installer Update: Commerce Issues Preliminary Results in the 2nd Administrative Review of 2012 Antidumping and...

On January 8, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Preliminary Results in the 2nd annual Administrative Review for the 2012 and...more

US CHINA TRADE WAR–DAMAGE CAUSED BY AD ORDERS, TRIUMPH AND TRAGEDY OF TAAF, TPP DEVELOPMENTS, NEW TRADE/CUSTOMS LAW

Attached is the first half of the December blog post, which covers the collateral damage caused by US Antidumping Orders on downstream US production by the numerous antidumping orders against raw material inputs from China,...more

Federal Court Sets Strict Standards for Bringing Customs Penalty Cases

In United States v. Nitek Electronics, Inc., decided December 1, 2015, the U.S. Court of Appeals for the Federal Circuit upheld a U.S. Court of International Trade decision that limited the government’s powers in seeking to...more

Exercise Extra Care When Importing Goods Subject to Antidumping and Countervailing Duties

Importing goods into the United States can provide risks. As the importer of record, the importer is solely responsible for the payment of all duties and taxes due on the imported merchandise, which includes the payment of...more

US China Trade War — TPP, Three False Trade Arguments, China President Trip, Trade, Customs, IP/Patent Securities

As indicated in more detail below, the Import Alliance will have meetings on November 17th and 18th in Washington DC. On the afternoon of November 17th, we will meet in our Washington DC office and then on November 18th meet...more

A New Reality for Uncooperative Parties

Recent changes to the antidumping laws will make it more difficult for uncooperative parties to argue for a reduced dumping rate on appeal. Section 502 of the Trade Preferences Extension Act of 2015 (“the Act”) amends the...more

Whither The Injury Standard?

Given the long history of the material injury standard and the numerous determinations made over the years using the standard in antidumping and countervailing duty investigations, one might expect that the nature of the...more

US China Trade War — Stock Market Crash, Presidential Trade Politics, Trade Policy, Customs, Antitrust and Securities

The Chinese stock market crash and world- wide effect on stock markets around the World has created a crisis with day to day developments. The World Stock market crash stated on August 24, 2015 and went through to August...more

Social Media Week Part IV – Telling a Story About Honey

I continue my exploration of the use of social media in doing compliance by taking a look at a very innovative social media solution to a difficult compliance issue around, of all things, honey. This example shows how...more

And Up to Twenty Years in Prison: The Criminalization of US Customs Violations

The United States’ traditional reliance on only civil penalties against trade violators is changing. During the past several years, the US government has increasingly brought criminal charges against alleged violators, both...more

US CHINA TRADE WAR JULY 2015 TPA, TPP, TRADE POLICY, TRADE AND CUSTOMS

Because of the substantial activity in May, June and July with the passage of Trade Promotion Authority (“TPA”) and the ongoing Trans Pacific Partnership (“TPP”) negotiations, this blog post is being split into two parts. ...more

California Fresh Garlic Producers Crack Chinese Scheme to Avoid Dumping Duties

On June 15th, the Department of Commerce (“Commerce”) issued the final results in the 19th Administrative Review of the antidumping order on fresh garlic from the China. During the review, Kelly Drye attorneys, on behalf of...more

AD/CVD Update

On June 3rd, U.S. steel producers ArcelorMittal USA LLC, AK Steel Corporation, Nucor Corporation, U.S. Steel Corporation, California Steel Industries (“CSI”) and Steel Dynamics, Inc. (“SDI”) filed antidumping and...more

European Parliament Votes To Continue Requiring Ethanol

On May 20, 2015, the European Parliament voted to reject a plan that would eliminate the requirement for import licenses of ethanol of agricultural origin. The plan was rejected with a vote of 486 to 164 amid concerns that...more

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