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GAO Report Reveals Deficiencies in Process for Collecting Antidumping and Countervailing Duties

On November 7, the United States Government Accountability Office (“GAO”) released a report assessing actions the U.S. Department of Commerce (“Commerce”) and U.S. Customs and Border Protection (“CBP”) have taken to address...more

AD/CVD Evasion Enforcement Uptick in 2018

The Enforce and Protect Act (“EAPA”), signed into law as part of the Trade Facilitation and Trade Enforcement Act of 2015, established procedures for a wide variety of stakeholders to submit allegations of evasion of...more

Canada Challenges Certain United States Antidumping and Countervailing Duty Measures

On January 10, 2018, Canada circulated to WTO members a request for consultations challenging several aspects of the United States antidumping and countervailing proceedings. In particular, Canada challenges: - the way...more

Commerce Announces Preliminary Determination in Antidumping Investigation of Aluminum Foil from China and Determines that China...

On Friday, October 27, 2017, the Department of Commerce announced its affirmative preliminary determination in the antidumping duty investigation on aluminum foil from China. The Department calculated preliminary dumping...more

New Shippers Under Scrutiny

The U.S. Department of Commerce (the “Department”) is required by statute to, upon request, conduct a review and establish an individual dumping or countervailing duty margin for an exporter or producer of subject merchandise...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

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

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

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