Anti-dumping (AD) and Countervailing duties (CVD): A 2017 Update
Antidumping (AD) and Countervailing duties (CVD) encourage fair market between domestic and imported goods by imposing restrictions on unfairly traded imports. Importers who are not aware if their products are covered by US AD and CVD orders, may find themselves liable for AD/CVD duties. Since AD/CVD duties are unpredictable and may take years before final duties are assessed, the level of risk increases significantly. Importers are vulnerable to increased duty liability long after the goods are imported. Because of this, importers must understand the risk as well as the tools available to protect themselves from unwanted liability and to ensure import compliance.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help companies and their counsel understand the risk associated with importing goods subject to AD/CVD duties. They will provide an in-depth discussion of the recent laws which modify the US AD and CVD laws as well as how courts have addressed AD/CVD cases. Speakers will also offer best practices for import compliance.
Key topics include:
- Antidumping (AD) and Countervailing Duties (CVD) – An Overview
- 2017 Update on AD/CVD
- AD/CVD Risks for Importers
- Restrictions and Covenants
- Recent Laws Impacting AD/CVD
- Trade Preferences Extension Act
- Customs Bill
- Recent Court Treatment
- Best Practices for Import Compliance
Hughes Hubbard & Reed LLP
- Nationalist trade policies are in vogue these days, evidenced by the election of Donald Trump, Congress’ passage of more aggressive AD/CVD laws over the last two years, the Commerce Department’s adoption of policies that drive up AD/CVD duty rates, and the failure of the international community (via the WTO) to adequately police the abusive use of these laws.
- Conventional wisdom suggests that the primary country target is China (against whom many cases are brought, and against whom the rules are particularly skewed) and the primary product target is steel (against which there are multiple AD/CVD orders), but imports from countries other than China are often targeted and also treated badly, and several other product categories besides steel are often subject to and targeted by these laws.
- Importing companies must therefore be prepared to defend against ever more aggressive use of AD/CVD laws against any products they import that may compete with domestically produced product.
- Risks to importers are particularly severe here in the US, where duty liability is determined retrospectively – after the product is already imported and, often, already consumed.
- Furthermore, risks can include customs fraud investigations, which can increase penalties well above the margin of dumping or subsidization.
- The stakes can therefore be quite high and therefore these laws merit careful attention from importing industries.
King & Spalding LLP
- The trade remedy laws from a U.S. manufacturing perspective
- Overview of how the antidumping and countervailing duty laws work to address unfairly priced imports
- The trade laws help U.S. manufacturers respond to lost market share and/or suppressed market prices
- Potential impact of the new Trump administration
- Initiation of Investigations, Subsidy Determinations
- Enforcement of existing Orders by Customs
- China’s Non-Market Economy Status
- “China 2016” under the WTO
- NME-wide presumption at Commerce
The Law Office of Lewis E. Leibowitz
- Adverse effects of AD/CVD cases for downstream manufacturers
- Supply chain disruptions
- Short/no supply
- Net domestic effect of orders
- Sunset reviews
- Do AD/CVD actions affect trade imbalances?
- Issues regarding expansion of orders
- Duty evasion
- Scope of orders
- Consequences of “adverse facts available”
Who Should Attend:
- International Trade Counsel
- Import Compliance Counsel
- Import Control Consultants
- Trading Companies
- Private and Public Companies
- Other Related/Interested Professionals and Organizations
Matthew R. Nicely is a partner at Hughes Hubbard & Reed LLP’s International Trade and Customs practice group. His practice covers the full range of the U.S. trade regulatory regime, including trade policy, trade remedies, customs, export controls, economic sanctions, anti-boycott and anti-corruption laws (FCPA). He also advises clients on opportunities and risks presented by international obligations under bilateral, regional, and multilateral trade and investment agreements, including the World Trade Organization (WTO). Matthew has represented clients across multiple industries in antidumping (AD), countervailing duty (CVD), and safeguard litigation, as well as the business implications of day-to-day trade and customs regulation. Relying on his knowledge of WTO agreements, he counsels clients on whether actions taken by member governments comply with WTO Agreements, on implementation procedures under U.S. law, and on methods for resolving trade disputes, including through formal dispute settlement. Matthew has represented clients before multiple U.S. agencies and U.S. courts, including in proceedings before the U.S. Department of Commerce, Customs and Border Protection, International Trade Commission, and U.S. Trade Representative and appeals before the Court of International Trade and the Court of Appeals for the Federal Circuit. He is an adjunct law professor at the American University’s Washington College of Law.
Matthew R. Nicely is a partner at Hughes Hubbard & Reed LLP’s International Trade and Customs practice group. His practice …
Michael Taylor is a partner in King & Spalding’s International Trade group in Washington, D.C. He represents U.S. manufacturers in administrative and appellate litigation to obtain antidumping and countervailing duty relief from unfairly traded imports. For example, Mr. Taylor represented manufacturers in proceedings involving Wooden Bedroom Furniture from China; PET Film from Brazil and China; Magnesia Carbon Bricks from China and Mexico; Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam; Pipe Fittings from China; Off-the-Road Tires from China; and Gray Portland Cement from Mexico.
Mr. Taylor is listed in Chambers USA 2016 as an Other Noted Practitioner for International Trade: Trade Remedies & Trade Policy. He is referred to as a Customs Specialist for King & Spalding in Legal 500, International Trade (2014-2015), and he is listed in Washington, D.C. Super Lawyers for International Law (2014-2016).
Michael Taylor is a partner in King & Spalding’s International Trade group in Washington, D.C. He represents U.S. manufacturers in …
Lewis Leibowitz is the owner of The Law Office of Lewis E. Leibowitz, an international trade legal practice in Washington, D.C. He represents U.S. manufacturers and U.S. importers in administrative proceedings before the Commerce Department, U.S. Customs an Border Protection and the International Trade Commission in trade remedy cases. He consults with clients regarding appropriate strategies to deal with the reality of restricted trade and its impact on global competitiveness of U.S. companies.
For more than 30 years, Mr. Leibowitz was a partner in two major law firms specializing in international trade litigation and administrative proceedings, WTO litigation and free zones around the world. In 2015, he established the Law Office of Lewis E. Leibowitz to continue this work on his own. His practice is very active on this new and innovative scale.
Lewis Leibowitz is the owner of The Law Office of Lewis E. Leibowitz, an international trade legal practice in Washington, …
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About Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed LLP is an international law firm ranked for ten 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.” Our attorneys advise and represent clients in over 30 specialized practices from offices in New York, Washington, D.C., Paris, Los Angeles, Miami, Jersey City, Kansas City, and Tokyo. For more information, please visit www.hugheshubbard.com
About King & Spalding LLP
Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 900 lawyers in 18 offices in the United States, Europe, the Middle East and Asia. The firm also represents hundreds of clients with new ventures and mid-sized companies in emerging industries.
About The Law Office of Lewis E. Leibowitz
The Law Office of Lewis E. Leibowitz specializes in international trade law, Customs law, and advising clients concerning international commercial transactions. For more than thirty years, Lewis Leibowitz has specialized in these matters from his office in Washington, D.C., with large global firms. As a sole practitioner since 2015, Lewis works on challenging law and policy questions efficiently and effectively. Visit Lewis on LinkedIn and Facebook.