ITC INJURY PROCEEDINGS
By law, antidumping and countervailing duties cannot be imposed unless the ITC, an independent quasi-judicial agency, makes an affirmative injury determination. Curtis has vast experience and skills in this area. Several of our senior lawyers have managed successful ITC investigations. We have an impressive record of success in ITC defenses that is virtually unmatched.
Over the past 15 years, our lawyers have won at either the preliminary or final phase a large percentage of the cases in which we led the defense. Although each case ultimately succeeds or fails based on the facts of that case, we have been successful in numerous cases. In some cases, we have persuaded the ITC to make a negative determination, even at the preliminary stage. More often, we successfully argued for the ITC to make a negative determination at the final stage.
An aggressive hands-on management of the case characterizes our approach. Lawyers dig into the factual record of the investigation and search for other sources of information to win the case. To win cases, we have spent hours poring over bankruptcy records, traveled across the country to convince customers to testify before the ITC, and continually developed our knowledge in the industries we represent. The prominence of Curtis’ international trade lawyers explains why, in many of the proceedings, our team was chosen by the joint defense effort to be the lead law firm to develop and present the exporters’ case to the ITC.