Countervailing Duties

News & Analysis as of

ML Strategies’ Energy & Environment Update: July 2014 #4

For several years, solar arrays utilizing silicon photovoltaics have been central to driving the exponential growth of installed domestic solar capacity. However, an ongoing trade war spanning three continents and impacting...more

U.S. Commerce Department Imposes Preliminary Antidumping Duties on CSPV Products Sourced from Taiwan and China

As we first reported on Twitter, the International Trade Administration of the U.S. Department of Commerce (“ITA”) announced in a Fact Sheet on July 25, 2014, its Affirmative Preliminary Determination that certain Chinese and...more

Certification Requirements Imposed on Solar Cells from Taiwan and the People’s Republic of China

On July 25, 2014, the U.S. Department of Commerce (Commerce) announced its antidumping duty preliminary determinations involving Certain Crystalline Silicon Photovoltaic Products from Taiwan and the People’s Republic of...more

Energy & Environment Update - July 2014 #3

In This Issue: - Commerce Department Action on Solar Trade Case - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Commerce -...more

U.S. Department of Commerce Announces New Antidumping Duties on Solar Panels from China and Taiwan

The U.S. Department of Commerce (DOC) recently announced its affirmative preliminary determination in the antidumping (AD) investigations of certain crystalline silicon PV products imported form the People’s Republic of China...more

US China Trade–Developments In Trade, IP, Antitrust And Securities

Dear Friends, There have been major developments in the trade, policy, US Exports to China, CFIUS, Chinese Antidumping, US/Chinese antitrust, and securities areas....more

Is China’s Big Win at the World Trade Organization against the U.S. Government’s Policy on Chinese Subsidies a Game-Changer?

On July 14, 2014, a panel of the World Trade Organization (WTO) ruled in favor of China against certain policies employed by the U.S. Department of Commerce (Commerce) in conducting countervailing duty investigations. ...more

WTO Rules U.S. Countervailing Duties on Solar Panels Violate Global Trade Rules

The World Trade Organization (WTO) ruled Monday that U.S. countervailing duties imposed on a range of Chinese products, including solar panels, violated global trade rules by imposing punitive import duties....more

Court Overturns Longstanding Country-of-Origin Methodology Used for Trade Order Scope Determinations

The scope definition contained in a trade relief order determines whether a product is subject to antidumping or countervailing duties, i.e., whether the imported product is "subject merchandise." When component parts of...more

United States Prevails in WTO Dispute Challenging China's Duties on U.S. Automobiles

Last month, a World Trade Organization (WTO) Panel issued a report favorable to the United States, ruling against Chinese duties on American auto exports. China had imposed tariffs on U.S. cars and SUVs with engine capacities...more

Commerce Issues Preliminary Determination Finding Chinese Solar Producers Receive Countervailable Subsidies

The Department of Commerce (Commerce) preliminarily determined on June 3 that the Chinese government subsidizes the production and export of crystalline silicon photovoltaic solar cells (solar cells), as well as modules,...more

CBP “Reliquidates” Deemed Liquidation Statute

Recently, U.S. Customs and Border Protection (CBP) took a new, creative tack in a long struggle with importers regarding application of the “deemed liquidation” statute, 19 U.S.C. § 1504, to entries subject to antidumping and...more

Trade & Manufacturing - July 2014

In This Issue: - Commerce Issues Preliminary Determination Finding Chinese Solar Producers Receive Countervailable Subsidies - United States Prevails in WTO Dispute Challenging China's Duties on U.S....more

US China Trade War - Trade, Solar, Customs, Patents, Banking, Antitrust and Securities

Dear Friends, there have been major developments in the trade, solar cells, tires, banking, US/Chinese antitrust, and securities areas. In addition to the trade area, the banking and China antitrust areas have had important...more

Solar Installer Alert: New Countervailing Duties on Imports of Chinese Solar Products Take Effect June 10, 2014

The U.S. International Trade Administration of the U.S. Department of Commerce (“ITA”) made the preliminary countervailing duty (“CVD”) rates announced last week effective today, June 10, in a published notice, 79 Fed. Reg....more

Electrical Steel Investigations Advance

Two important electrical steel trade cases are advancing after affirmative preliminary determinations by the U.S. International Trade Commission (ITC) and the Department of Commerce (Commerce). The first case involves imports...more

U.S. Department of Commerce Imposes Preliminary Tariffs on Chinese Solar Products

On June 3, 2014, the U.S. Department of Commerce (DOC) announced its preliminary determination in the countervailing duty (CVD) investigation of crystalline silicon photovoltaic products (“solar products”) from China. DOC...more

U.S. Department of Commerce Sets Stage for New Countervailing Duties on Chinese Solar Panels

The U.S. Department of Commerce (DOC) announced its preliminary determination that countervailable subsidies are being provided to producers and exporters of certain crystalline silicon photovoltaic products (Products) from...more

United Steelworkers File Petition to Impose Substantial Duties on Imports from China of Tires for Passenger Vehicles and Light...

For your information, on June 3, 2014, a petition was filed asking the U.S. government to investigate whether Chinese imports of certain passenger vehicle and light truck (PVLT) tires are being unfairly dumped and subsidized....more

Solar Installer Alert: In Preliminary Determination, U.S. Commerce Department Imposes Countervailing Duties on Chinese Solar...

Late on Tuesday, June 3, 2014, the International Trade Administration of the Department of Commerce (ITA) released a Fact Sheet announcing an affirmative preliminary determination in the countervailing duty case against...more

Potential New Risk of High Duties on Chemicals and Gases Imported in High-Pressure Steel Cylinders Manufactured in China

Many companies that import chemicals or gases from China use high-pressure steel cylinders as containers for the imports of their chemical/gas contents. Up until now, many importers simply assumed that they did not need to...more

Court of Appeals Tells Foreign Producers That When It Comes to Countervailing Duties, You Are Your Government’s Keeper

On April 23, 2014, the U.S. Court of Appeals for the Federal Circuit (CAFC) handed down an opinion, Fine Furniture (Shanghai) Ltd. v. United States, Ct. No. 2013-1158, which may have a significant impact on future...more

US China Trade War Developments - Trade, IP, Antitrust and Securities

There have been major developments in the trade, Chinese Antidumping, 337, litigation, US/Chinese antitrust, and securities areas. TRADE - THE ANTICOMPETITIVE IMPACT OF US ANTIDUMPING LAW IN CHINA AND THE US...more

Federal Circuit Upholds Constitutionality Of Legislation Overturning Its GPX Decision That Countervailing Duties May Not Be...

This blog has been analyzing for more than four years legal disputes over whether the U.S. Department of Commerce (“Commerce”) may apply countervailing duties (“CVDs”) to imports from non-market economies (“NMEs”),...more

WTO Panel Upholds The Application Of U.S. Countervailing Duty Law To Imports From China

On March 27, the World Trade Organization (WTO) released the dispute settlement panel report in the Chinese government’s challenge to U.S.countervailing duty (CVD) law: United States – Countervailing and Anti-Dumping Measures...more

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