News & Analysis as of

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

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

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

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

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

New Solar Case Filed To Close Enforcement Loopholes

On January 23, 2014, Commerce initiated antidumping ("AD") and countervailing duty ("CVD") investigations on certain crystalline silicon photovoltaic products from the People's Republic of China and Taiwan. The petition,...more

US China Trade War–Developments Trade, Customs, Patents, US/China Antitrust And Securities

There have been some major developments in the trade, Customs fraud, patents, US/Chinese antitrust, and securities areas. I have just returned from a trip of more than 2 weeks in China. While in China, we discussed US...more

US China Trade War–Developments In Trade, Customs, Patents, Antitrust And Securities

There have been some major developments in the trade, solar cells, Customs, 337/patents, antitrust and securities areas. On September 26th there were reports that the United States and China have been negotiating for the past...more

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

The False Claims Act may furnish a powerful new tool for U.S. producers that believe their foreign competitors are evading antidumping/countervailing duty or other customs duties by misclassifying imports or misrepresenting...more

Antidumping and Countervailing Duty Actions

Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. The US Government has prioritized the protection of domestic industries impacted...more

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