Anti-dumping (AD) and Countervailing Duties (CVD): A 2020 Update
There has been an upsurge in antidumping (AD) and countervailing duties (CVD) petitions in recent years. Commerce Department and International Trade Commission practice has evolved with this increase in the caseload. Not only can these duties be very significant, but some of these new developments make it harder for foreign manufacturers and U.S. importers to assess potential AD and CVD risk. Foreign exporters and U.S. importers must keep up with these developments to minimize their risk. On the flip side, U.S. producers and labor unions can benefit from a deeper understanding of U.S. Government efforts to enforce AD/CVD laws.
In this LIVE Webcast, international trade lawyers Lynn Kamarck (Hughes Hubbard & Reed LLP) and Jay C. Campbell (White & Case LLP) will provide the audience with a comprehensive discussion of the emerging and current trends, developments, and critical issues surrounding AD and CVD duties. Speakers will also offer risk mitigation techniques and best practices to ensure compliance in this evolving legal climate.
Some of the major topics that will be covered in this course are:
- Trends and updates in Commerce Department AD and CVD determinations
- Trends and updates in International Trade Commission injury decisions
- Customs AD/CVD issues
- Common Risks and Pitfalls
- Best Compliance Strategies
Hughes Hubbard & Reed LLP
- Increased willingness to find that governments have made “indirect” financial contributions in CVD cases, including through the imposition of export restrictions
- Commerce interpretations that increase the likelihood of finding that a subsidy meets the “specificity” requirement, including with respect to tax programs and in the new currency manipulation regulations
- Increased use of the Particular Market Situation provision to disregard a company’s actual prices and costs and increase the likelihood of finding AD margins
White & Case LLP
- Brief overview of US AD and CVD investigations and the roles played by the US Department of Commerce (DOC), US International Trade Commission (ITC), and US Customs and Border Protection (CBP)
- For AD/CVD orders to be imposed, the ITC must find that the subject imports materially injure, or threaten to materially injure, the US industry. We will explore what lessons can be drawn from recent ITC decisions.
- CBP is responsible for collecting cash deposits and duties required for imports subject to AD/CVD orders. We will review recent developments in CBP enforcement and compliance, including CBP investigations under the Enforce & Protect Act.
Who Should Attend:
- International Trade Lawyers
- Import Compliance Counsel
- Import Control Consultants
- Import Managers
- Trading Companies
- Foreign Manufacturing Companies
Lynn G. Kamarck has more than 30 years’ experience in international trade matters, with an emphasis on trade remedy proceedings, trade policy, export controls, and customs. She represents clients in international trade proceedings, including antidumping, countervailing duty and safeguards cases, Customs penalty proceedings, and related litigation. In addition, she drafts and promotes legislative and regulatory changes on behalf of her clients. Previously, Lynn was Senior Counsel for Antidumping and Countervailing Duty Proceedings in the U.S. Department of Commerce, where she was responsible for the legal sign-off on every Antidumping/Countervailing duty investigation, review, and scope determination issued by the Department. She also represented the Commerce Department in connection with the 1988 Trade Act and was in charge of drafting the implementing regulations for that Act. Lynn is on the NAFTA Chapter 19 dispute settlement roster and has served as a NAFTA panelist in an antidumping proceeding.
Lynn G. Kamarck has more than 30 years’ experience in international trade matters, with an emphasis on trade remedy proceedings, …
Jay Campbell is an international trade lawyer representing foreign producers, foreign governments, and US importers in antidumping (AD) and countervailing duty (CVD) proceedings before the US Department of Commerce and the US International Trade Commission, and in related trade litigation before the US Court of International Trade, the US Court of Appeals for Federal Circuit, NAFTA bi-national panels, and WTO dispute settlement panels.
Jay also designs and helps implement AD/CVD compliance programs, and advises on customs matters. His experience spans a wide variety of industries, including agriculture, ball bearings, energy, processed food, lumber, pulp and paper, seafood, steel products, and industrial chemicals. Clients appreciate Jay’s ability to quickly master the relevant details of their business operations and accounting systems; design and implement effective case strategies; and comprehensive knowledge of AD/CVD law and practice.
Prior to joining White & Case, Jay worked as an attorney in the Federal Trade Commission's Bureau of Competition and previously served as a law clerk to the Honorable Donald C. Pogue, Judge, US Court of International Trade.
Jay Campbell is an international trade lawyer representing foreign producers, foreign governments, and US importers in antidumping (AD) and countervailing …
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Method of Presentation:
General knowledge of antidumping and countervailing laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed LLP is an international law firm ranked for 12 years, including five years in a row as the top-ranked New York-based firm, on The American Lawyer’s A-List of what the magazine calls “the top firms among the nation’s legal elite.” We advise and represent clients in over 30 specialized practices. Our firm strikes the balance between scale and agility, handling large and complex matters, while remaining flexible to adapt to clients’ needs and market developments.
About White & Case LLP
White & Case is truly a global law firm. The Firm’s 2,000 lawyers in 42 offices around the world are accustomed to translating creative solutions from one region or market to the realities of other regions or markets. Our International Trade group helps clients manage the risks and maximize the opportunities associated with the increasing regulation of international trade in goods and services. Our practice provides a range of services designed to match the scope of global trade regulation and to answer the needs of our clients wherever and whenever they arise.
Like our clients, we deliver our services across borders, often with teams that speak the local language and are culturally sensitive. Our trade professionals are located in the main trade regulatory centers—including Washington, Brussels, Geneva, Mexico City, and Tokyo—and they work together in integrated teams whenever necessary to help our clients.