U.S. Commerce Department Anti-Dumping Duty

News & Analysis as of

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

Decision Circumscribes Duty Circumvention

On April 5, 2016, a three-judge panel of the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion in Deacero S.A. de C.V. v. United States, Appeal Nos. 2015-1362, 2015-1363, 2015-1367, affirming the final...more

Commerce Finds Dumping Of Hot-Rolled And Cold-Rolled Steel Imports

In March, the U.S. Department of Commerce (Commerce) announced its affirmative preliminary determinations in antidumping (AD) investigations involving certain hot-rolled and cold-rolled steel products. The hot-rolled AD...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

WTO Panel in US-Korea Washer Dispute Rejects US Use of Zeroing to Address Targeted Dumping

A WTO Panel has issued a mixed ruling in a Korean challenge to anti-dumping and countervailing duties imposed by the United States on certain imported washing machines. This decision marks the first time that a WTO panel has...more

Antidumping Developments: Adverse Facts Available Update

In our September 2015 edition of the Trade Advisor, we discussed the effect that recent amendments to the antidumping laws would have on the U.S. Department of Commerce’s (“the Department”) ability to apply facts available...more

US CHINA TRADE WAR–DEVELOPMENTS IN TRADE POLICY, TRADE, PRODUCTS LIABILITY, 337/IP ANTITRUST AND SECURITIES

TRADE POLICY - TPP RUNS INTO HEADWINDS - As predicted in past blog posts, on December 28, 2015, the Wall Street Journal reported that the US Election Debate was complicating the passage of the Trans Pacific...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

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

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

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

Energy & Environment Update - July 2015 #2

In This Issue: - Energy and Climate - Congress - Administration - Department of Commerce - Department of Energy - Department of Treasury - Environmental Protection Agency -...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

U.S. Steel Producers File Antidumping and Countervailing Duty Petitions: The Potential Impact

U.S. steel producers Nucor, U.S. Steel, Steel Dynamics, California Steel, AK Steel and Acelor Mittal filed, on June 3, antidumping and countervailing duty petitions against some forms of corrosion resistant steel from China,...more

AD/CVD Update

On March 30, 2015, the Department of Commerce (“Commerce”) initiated antidumping duty (“AD”) and countervailing duty (“CVD”) investigations of imports of certain polyethylene terephthalate (“PET”) resin from China, Canada,...more

Congressional Action Allowing Commerce to Retroactively Apply the Subsidy Law to Exports From China Survives a Constitutional...

Federal law authorizes the United States Department of Commerce to impose antidumping duties on imports "sold in the United States at less than … fair value" and countervailing duties on imports that receive a...more

US Dept. of Commerce Initiates 2nd Administrative Review for 2012 Chinese Solar CSPV Products Antidumping Duty and Countervailing...

On February 4, 2015, the U.S. Department of Commerce (through the International Trade Administration or ITA, part of the U.S. Department of Commerce) published a notice initiating the 2nd annual Administrative Review for the...more

CBP Holds “Misidentified” Importer Liable for 216% of Antidumping Duties

In late 2014, U.S. Customs and Border Protection denied an importer of record’s protest that claimed that it was incorrectly held liable for the payment of antidumping duties assessed on furniture from the People’s Republic...more

Trade & Manufacturing - News of Note - January 2015

Congress Passes Revitalize American Manufacturing and Innovation Act - The Revitalize American Manufacturing and Innovation (RAMI) Act was included in the $1.1 trillion omnibus FY 2015 spending bill signed into law by...more

Department of Commerce Reaches Affirmative Determinations on Certain Crystalline Silicon Photovoltaic Products from China and...

On December 16, 2014, the Department of Commerce (“DOC”) reached affirmative final antidumping determinations relating to Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China (“China”) and...more

U.S. Department of Commerce Announces Final Tariffs on Chinese and Taiwanese Solar Products

On December 17, 2014, the U.S. Department of Commerce (DOC) announced its final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of crystalline silicon photovoltaic products (“solar...more

Trade & Manufacturing - News of Note - November 2014

United States Announces Settlements Of WTO Disputes With Brazil and Indonesia - In October, the United States settled two long-running disputes at the World Trade Organization (WTO) – one with Brazil over cotton...more

Solar Installer Alert: Commerce Dept. Reduces Preliminary Antidumping Duty Rates for Solar Products from Taiwan

The International Trade Administration of the U.S. Department of Commerce (“ITA”) on August 18 issued a notice amending its Affirmative Preliminary Determination for antidumping (“AD”) duties against certain crystalline...more

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