U.S. Antidumping and Countervailing Duty (AD/CVD) Laws: Updates for 2016 & Beyond
On June 29, 2015, U.S. President Barack Obama signed the Trade Preferences Extension Act of 2015 into law. Aside from Trade Adjustment Assistance (TAA) and trade preference extensions, the law also includes significant Antidumping and Countervailing Duty (AD/CVD) modifications. The new AD/CVD provisions are expected to impact international trade investigations and reviews in various ways, including the potential for domestic industries to obtain relief more easily and to provide additional tools for government authorities to obtain cooperation from foreign producers in the conduct of these investigations.
In addition, on February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act into law. This comprehensive legislation includes the Enforce and Protect Act, which creates a new division and procedures in U.S. Customs & Border Protection (CBP) to combat the evasion of AD/CVD orders. The new administrative procedures, which include additional oversight of CBP and the opportunity to seek judicial review, supplement the existing statutory provisions that already allow CBP to impose civil penalties for an importer that makes false statements when entering merchandise into the United States.
These new laws provide opportunities and risks for parties affected by import competition or existing AD/CVD orders. Such parties need to be familiar with and monitor how the U.S. agencies with authority to regulate trade (CBP, Commerce, and the ITC) implement these changes.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders will help companies involved with trade remedy proceedings to better understand the important aspects of these developments. They will provide an in-depth discussion of the modified AD/CVD Laws and other updates. Speakers will also offer best compliance practices to avoid common risk and pitfalls.
Key topics include:
- Trade Preferences Extension Act of 2015: A Legal Primer
- The AD and CVD Changes
- The Enforce and Protect Act
- Regulatory/Legislative Forecasts
- Common Risks and Pitfalls
- Best Compliance Practices
Matthew Nicely, Partner
Hughes Hubbard & Reed LLP
- We are currently witnessing an increase in use of trade remedies, both here in the US and in other countries, driven in part by steel industry and its concerns with overcapacity in China.
- Increased enforcement measures have developed, both at agencies and in Congress, driven in part by the expected relaxation of trade barriers due to TPP and possibly TTIP in the future.
- Hottest areas of dispute in coming year will be new laws passed by Congress in 2015 and 2016 to expand enforcement, Commerce’s use of targeted dumping, and U.S. treatment of China in AD cases post-2016.
- Creative adjustment in treatment of China may also negatively affect traditional market economies.
- So, while TPP and TTIP negotiations demonstrate efforts by major powers to liberalize trade, there will be a commensurate effort to use trade remedy laws more forcefully.
John M. Peterson, Partner
Neville Peterson LLP
- United States retrospective method for assessing antidumping and countervailing duties often outshadows results of the Commerce and ITC investigations themselves;
- Companies dealing in products subject to antidumping and countervailing duty orders need to understand the assessment process and be prepared to deal with it. This will include securing cooperation of foreign vendors, customers, customs bond sureties.
- Retrospective assessment procedures are a battleground in which voice of domestic competitors often drowns out voice of government performing the taxation. Importers – the ones charged with payment of the taxes – often have little or no voice at all.
- ENFORCE/PROTECT provisions of Customs Reauthorization Act will increase tension in the area by adopting new procedures requiring Customs and Border Protection to investigate claims that dumping and countervailing duties are being evaded;
- Environment is getting crowded, as field is filling with “whistleblowers” who often use Federal False Claims Act to report claimed evasions of antidumping and countervailing duty orders. Importers and foreign shippers need to protect themselves on this front;
- Trade Preferences Extension Act of 2015 made subtle changes to AD and CVD laws which strengthened the hand of domestic interests in investigation and enforcement proceedings
Stephen A. Jones, Partner
King & Spalding
- Retrospective duty assessment system results in the accurate collection of duties and is the most effective means of addressing unfair trade.
- Domestic producers should continue to oppose efforts to adopt a prospective duty assessment system.
- The ENFORCE/PROTECT provisions of the Customs Reauthorization Act provide Customs with enhanced authority to investigate and prevent evasion and circumvention of AD/CVD orders.
- False Claims Act litigation provides whistleblowers with an additional means of seeking accurate duty assessment and collection and also the ability to receive compensation for uncovering wrongdoing.
Who Should Attend:
- International Trade Counsel
- Export Compliance Counsel
- Export Control Consultants
- Export Control Vice Presidents, Directors and Managers
- 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 …
John Peterson has practiced international trade and Customs law since 1977, and has enjoyed every minute of it. His practice embraces all phases of trade law, from counseling and import planning, to representation of clients before government agencies, and litigation in United States and foreign courts. Each new engagement allows him to learn about different industries, products, technologies and people. Whether the practice of law takes him to a high rise office tower in Asia, a factory on a Caribbean Island, or the control room of the Trans-Alaska pipeline, he relishes the opportunity to help clients solve problems and improve their operation.
John regularly represents foreign and domestic clients before United States Customs and Border Protection, the United States International Trade Commission, the United States Department of Commerce, the Foreign Trade Zones Board the Office of United States Trade Representative, the Bureau of Industry and Security, and the Departments of State and Treasury. He also assists clients with issues arising before foreign Customs authorities and international organizations, including the World Trade Organization and the World Customs Organization.
He has litigated hundreds of cases before United States courts, especially the United States Court of International Trade and United States Court of Appeals for the Federal Circuit, and has also argued cases in the courts of several foreign countries.
John Peterson has practiced international trade and Customs law since 1977, and has enjoyed every minute of it. His practice …
Steve Jones has represented corporations and industry associations in international trade matters for over 25 years. He specializes in representing petitioners in antidumping duty and countervailing duty investigations and reviews before the U.S. Department of Commerce and the U.S. International Trade Commission. Mr. Jones has served as lead counsel to petitioners in some of the largest and most complex cases involving imports of wooden bedroom furniture, pure and alloy magnesium, coated and uncoated paper, aluminum extrusions, and flat-rolled steel. He has successfully argued cases on appeal at the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. Mr. Jones also represents clients in NAFTA and WTO dispute settlement, advises importers on compliance with U.S. customs law, and represents clients on a wide variety of trade policy issues.
Steve Jones has represented corporations and industry associations in international trade matters for over 25 years. He specializes in representing …
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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
About Neville Peterson LLP
Neville Peterson LLP is a law firm concentrating in international and domestic trade regulation matters. For more than 25 years, the firm has provided legal counsel and representation to foreign and domestic corporations and industries, governments, Customhouse brokers, freight forwarders, carriers and individuals in the areas of international trade, Customs law, export controls, intellectual property, antitrust, shipping, product safety, and related Federal regulatory disciplines.
The firm's practice spans administrative representation, litigation and counseling before United States and foreign agencies, courts and international organizations.
About King & SpaldingCelebrating 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 has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients. More information is available at