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The U.S. antidumping duty and countervailing duty laws (AD/CVD) are administered by two separate agencies: The International Trade Commission ("ITC") investigates whether the targeted imports cause the U.S. industry to suffer material injury. The Department of Commerce ("DOC") calculates the dumping margins and subsidy margins.
Curtis' trade remedies lawyers have achieved numerous successes for clients in DOC trade remedies proceedings. In several cases, we have achieved de minimis dumping margins and countervailing duty margins, which allowed our clients to avoid the continuing burden of trade restrictive orders. In many other trade remedy cases, our clients obtained the lowest margins of the various foreign respondents participating in the investigation.
Clients benefit from our ability to undertake sophisticated quantitative analyses in-house to maximize defense efforts while controlling client costs. A team of non-lawyer specialists, including former DOC officials, continuously run simulations on client databases during the preparation of responses. This allows our lawyers to focus on developing methodologies and presentations that provide the lowest possible dumping margins and countervailing duty margins in trade remedies cases. Based on these simulations, we can advise clients what to expect from the investigation much earlier in the process, and suggest alternative approaches if the margins are commercially unacceptable.
Administrative reviews are an area in which we have particular experience. In those cases in which our clients are subject to an antidumping duty order or a countervailing duty order, we work with the client to obtain the best possible result in the annual administrative review process. We have successfully implemented administrative review strategies that allowed our clients to establish successive “zero margins” resulting in order revocations. To help our clients with antidumping review planning, we developed a proprietary software process that clients use to monitor and control effectively their ongoing dumping liabilities.
We do all of this work in-house, unlike many law firms that subcontract the heart of their trade remedy legal defense work to non-lawyer consultants and others. Our belief is that lawyers cannot adequately defend the client’s interests without being completely immersed in the facts and margin methodologies. If there are key accounting or economic issues, our lawyers grapple with them until they are mastered. This approach has allowed us to pioneer new ground in the application of the antidumping law to hyperinflationary economies, to win key battles over the allocation of research and development expenses, and to craft creative approaches to the treatment of indirect expenses.
In antidumping cases against “non-market economy” (NME) countries, such as China and Vietnam, the DOC applies special antidumping calculation rules.
The Curtis international trade team has substantial experience in defending the interests of exporters and importers in these cases.
Most recently, our lawyers have been retained to represent the interests of exporters (or foreign governments) in the following NME cases.
China• Passenger Vehicle and Light Truck Tires • Hardwood and decorative plywood • Xanthan gum• Multi-layered wood flooring• Certain coated paper• Seamless line and pressure pipe • OCTG Goods • Activated carbon • Off-the-road tires • Certain steel nails • Circular welded steel pipe • Coated free sheet paper • Steel wire rod • Diamond saw blades • Color television receivers • Wooden bedroom furniture
Vietnam• Frozen warm water shrimp • Frozen fish fillets
In addition, the Curtis international trade team includes former DOC staff who were responsible for handling a variety of antidumping cases against non-market economies.
Their case experience includes the following.
China• Sebacic acid • Pure magnesium • Auto replacement glass • Color television receivers • Persulfates • Crawfish • Natural bristle paintbrushes • Polyvinyl alcohol • Chlorinated isocyanurates • Tissue paper • Crêpe paper • Honey • Pencils • Heavy forged hand tools • Helical spring lockwashers
Kazakhstan• Hot-rolled steel
Russia• Pure magnesium • Cold-rolled steel
ITC Injury Proceedings
WTO and International Trade Dispute Settlement
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"Highly experienced and creative attorneys who are able to zero in on key arguments and not waste resources on lesser issues."
Chambers USA 2022 - International Trade: Trade Remedies & Trade Policy
"Deep knowledge of trade regulations and sanction programs. Excellent service irrespective of the size of the client."
Legal 500: USA 2022 International Trade
Among the few top law firms representing foreign producer and importer interests in trade regulatory cases.
Chambers Global International Trade/WTO
"The team is well organized, quick to respond and is timely in decision making."
Chambers USA 2021 - International Trade - USA Nationwide