Category Archives: Trade Remedy

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South Korea Launches WTO Dispute Against the U.S. Challenging Multiple Provisions of U.S. Law and Commerce Department Proceedings

Last week, South Korea requested consultations with the United States at the WTO, launching a significant dispute that challenges both individual investigations and administrative reviews conducted by the Commerce Department, as well as broader aspects of U.S. antidumping and countervailing duty law.  Korea’s broader “as such” challenge targets provisions of U.S. law, including the 2015 … Continue Reading

The Trade Tool that is the Cherry of Lawmakers’ Eyes

On February 14, Senators Gary Peters (D-MI) and Richard Burr (R-NC) jointly introduced the S. 2427, the Self-Initiations Trade Enforcement Act.  If enacted, the legislation would give the Department of Commerce greater leniency to self-initiate investigations of unfair trade practices that harm U.S.  producers by creating a permanent taskforce at the International Trade Administration  to … Continue Reading

Commerce Secretary Releases Steel and Aluminum 232 Reports, Recommends Remedies

On Friday, February 16, 2018, Secretary Ross released public versions of the U.S. Department of Commerce’s reports concerning the agency’s section 232 investigations into the impact on national security of steel and aluminum imports. As a result of its investigations, the Department of Commerce has determined that imports of steel and aluminum “threaten to impair … Continue Reading

Federal Circuit Denies Lower Duty Rate for Chinese Aluminum Extrusion Importer

Earlier this month, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) denied an appeal by Capella Sales & Services Ltd., an importer of aluminum extrusions from China, in which the company challenged the countervailing duty margin applied to its entries at liquidation, arguing that a lower rate should have been applied by … Continue Reading

President Trump Announces Tariffs on Solar Panels and Washing Machines

Yesterday, President Trump announced his decisions on two high-profile trade cases brought under Section 201 of the Trade Act of 1974, which authorizes import restraints to protect domestic industries that are seriously injured by imports. These cases, which involve solar panels and washing machines from a variety of countries, are the first affirmative actions under … Continue Reading

Commerce Department Completes Section 232 Probe Into Steel Imports But Stays Mum on the Findings

Yesterday evening the Commerce Department sent to the White House its findings in the Section 232 national security investigation on steel imports.  The much anticipated report was originally due to be issued last year, but faced several delays.  The President now has the authority to decide whether to accept or reject the Commerce Department’s findings … Continue Reading

The U.S. Fights Back at the WTO on China’s NME Status

Last week, the United States filed its first legal analysis of the China non-market economy issue in a dispute at the World Trade Organization brought by China against the European Union. As we have reported here and here, the question of whether the United States would continue to treat China as an non-market economy (“NME”) … Continue Reading

In Rare Move, Trump’s Commerce Secretary Self-Initiates Chinese Aluminum Trade Remedy Cases

  The U.S. Department of Commerce self-initiated antidumping and countervailing investigations of common alloy aluminum sheet from China on November 28.  An accompanying fact sheet estimates dumping margins on the subject merchandise to be between 56.54 and 59.72 percent, and estimates a subsidy rate above de minimis.  Trade cases are typically initiated in response to … Continue Reading

Commerce Continues China’s Status as a Non-Market Economy

On October 26, 2017, the Department of Commerce  announced the results of an investigation concluding that China is a non-market economy (“NME”) country for purposes of Commerce’s antidumping analysis.  Commerce’s decision continues the long-standing practice of the agency with respect to the antidumping methodology it applies to cases involving China. Commerce was spurred to review … Continue Reading

Commerce Announces Preliminary Determination in Antidumping Investigation of Aluminum Foil from China and Determines that China Continues to Be a Non-Market Economy

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 margins of 96.81 and 162.24 percent for the two mandatory respondents under investigation.  Additionally, the Department set the rate for the PRC-wide entity at 162.24 percent … Continue Reading

Commerce Announces Preliminary Subsidy Rates on Chinese and Indian Mechanical Tubing Exports

On September 19th, the Department of Commerce announced that they will impose preliminary countervailing duties (“CVD”) on Chinese and Indian exports of cold-drawn mechanical tubing of carbon and alloy steel.  See the fact sheet here. Commerce determined that China and India received countervailable subsidies benefiting the production of mechanical steel tubing from their respective governments.  … Continue Reading

Trump Announces Nomination of Two ITC Commissioners

On September 28, President Donald Trump announced his nomination of two Commissioners to the United States International Trade Commission.  Dennis M. Devaney of Michigan for the remainder of a nine-year term, expiring June 16, 2023 and Randolph J. Stayin of Virginia for the remainder of a nine-year term expiring June 16, 2026. Mr. Devaney and … Continue Reading

Solar Cell 201 Investigation Moves to Remedy Phase

On Friday, September 22, 2017, the U.S. International Trade Commission (“USITC”) unanimously determined that crystalline silicon photovoltaic (CSPV) cells and modules are being “imported into the United States in such increased quantities as to be a substantial cause of serious injury” to the domestic industry. The petition was filed in late May 2017 on behalf … Continue Reading

Preliminary Affirmative Determination in Low Melt Polyester Staple Fiber from Korea and Taiwan

On August 10th, the U.S. International Trade Commission (“ITC”) unanimously determined that there is a reasonable indication that a U.S. industry is materially injured by reason of unfairly traded imports of low melt polyester staple fiber (“PSF”) from Korea and Taiwan.  Low melt PSF is a synthetic (manmade) staple fiber, not carded, combed or otherwise processed … Continue Reading

Combating Evasion of Duties Front and Center

Last year, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015 (“TFTEA”).  Section 421 of the TFTEA (commonly called the Enforce and Protect Act, or EAPA), establishes procedures for submitting and investigating allegations of evasion of antidumping and countervailing duties. The statute encouraged a wide variety of stakeholders to participate … Continue Reading

Trump Announces Two Key Trade Nominations and WTO Taps U.S. Trade Attorney for Deputy Director-General Post

According to a White House Statement issued on June 26th, President Donald Trump intends to nominate two important trade positions within the U.S. Department of Commerce (“Commerce”) and the International Trade Commission (“USITC”). Peter B. Davidson, Senior Vice President for Congressional Relations at Verizon Communications, was selected by President Trump to be general counsel of … Continue Reading

National Security Investigation on Aluminum Imports Wrapping Up

Commerce Secretary Ross and the Department of Commerce’s Bureau of Industry and Security held a public hearing on Thursday, June 22, 2017 in the ongoing Section 232 investigation into whether aluminum imports are a threat to U.S. national security. Witness testimony covered several topics including the negative effects of China’s aluminum overcapacity, the coverage and … Continue Reading

ITC Votes Unanimously to Continue Investigations on Cold-Drawn Mechanical Tubing from Six Countries

On June 2nd, the International Trade Commission (“ITC”) voted to continue the antidumping and countervailing duty investigations on cold-drawn mechanical tubing from China, Germany, India, Italy, Korea, and Switzerland.  The ITC’s preliminary vote finding a reasonable indication that the domestic industry is material injured by reason of imports from the six countries was unanimous.  As … Continue Reading

Commerce Department Signals that Findings in Section 232 Investigations on Steel and Aluminum are Imminent

The Commerce Department has signaled that it will issue findings in its respective “Section 232” investigations covering imports of steel and aluminum before the end of June.  Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862) grants the U.S. Department of Commerce the authority to conduct an investigation to determine whether … Continue Reading

Preliminary Affirmative Determination in Tool Chests and Cabinets from China and Vietnam

On May 25th, the U.S. International Trade Commission (“ITC”) reached an affirmative preliminary determination, finding that the there is a reasonable indication that domestic industry producing tool chests and cabinets have been injured by unfairly traded imports from China and Vietnam.  Tool chests and cabinets are metal tool storage units, with two or more drawers, … Continue Reading

Solar Cells and Modules Section 201 Investigation

On May 23, 2017, pursuant to a petition filed on behalf of Suniva, Inc., (“Suniva”) the U.S. International Trade Commission (the “Commission”) initiation a Section 201 safeguard investigation on crystalline silicon photovoltaic (CSPV) cells and modules.  Unlike antidumping and countervailing duty investigations, Section 201 investigations provide domestic industries relief from fairly-traded imports that are being … Continue Reading