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The U.S. antidumping and countervailing duty laws 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 and subsidy margins.

Commerce Department AD and CVD Proceedings 
Curtis has achieved numerous successes for clients in DOC proceedings.  In several cases, we have achieved de minimis dumping and countervailing duty margins, which allowed our clients to avoid the continuing burden of trade restrictive orders. In many other 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 margins.  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 or 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 the 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.

Special Rules for Non-Market Economy Countries
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:

•    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 

•    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:

•    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 

•    Hot-rolled steel 

•    Pure magnesium 
•    Cold-rolled steel 

International Lawyers