Minimizing Risks When Importing Goods Subject to Antidumping and Countervailing Duties

Leveraging Trade Remedies, Recent CIT Decisions and Significant Rules Changes

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, September 29, 2015

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to trade counsel on minimizing the risks associated with importing goods subject to antidumping (AD) and countervailing duty orders (CVD). The panel will discuss the new law and its impact for importers as well as how courts have treated AD and CVD cases. The panel will offer best practices for import compliance.

Description

Antidumping (AD) and countervailing duties (CVD) and safeguards are among the restrictions imposed on unfairly traded imports with the intent of leveling the playing field between domestic and imported goods. AD and CVD are the most effective form of import relief used by manufacturers seeking to restrict imports to the U.S.

However, many importers are not aware of the risks associated with importing goods subject to AD and CVD orders. AD duties are unpredictable. The amount initially assessed may not be the final amount of duties owed, and the U.S. importer, not the exporter, is liable for AD duty assessments – and reimbursement of the ADD/CVD subjects the importer to doubling of the amount owed. Two recent decisions from the U.S. Court of International Trade demonstrated the duties applicable at importation may be revised and applied retroactively [P.F. Stores v. U.S. (June 9, 2015) and Hutchinson Quality Furniture v. U.S. (June 9, 2015)].

On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act of 2015. This law includes significant rule changes of practice as to AD and CVD laws. Among other things, the new rules will make it easier for U.S. industries to obtain relief and streamline procedures if a foreign producer does not cooperate in AD and CVD proceedings. Counsel must understand the risks for the importer as well as the tools available to protect the importer and ensure import compliance.

Listen as our authoritative panel examines goods subject to AD and CVD orders and discusses trade remedies duties. The panel will discuss the new law and its impact as well as how courts have addressed AD and CVD cases. The panel will offer best practices for import compliance.

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Outline

  1. AD and CVD risks for importers
  2. Trade Preferences Extension Act
    1. Significant rule changes
    2. Impact of new law on AD and CVD
  3. Recent court treatment
  4. Strategies for structuring the international agreements

Benefits

The panel will review these and other key issues:

  • What are the risks to companies when importing goods into the U.S.?
  • How does the Trade Preferences Extension Act impact AD and CVD practice?
  • What steps can counsel take to minimize the importer’s risks and ensure compliance?

Faculty

Damon V. Pike
Damon V. Pike

President
The Pike Law Firm

Mr. Pike specializes in customs and international trade consulting and litigation. He helps multinational...  |  Read More

Alexander H. Schaefer
Alexander H. Schaefer

Counsel
Crowell & Moring

Mr. Schaefer represents clients contending with U.S. import regulations, including the customs and trade remedies laws....  |  Read More

Prentiss Lee Smith, Jr.
Prentiss Lee Smith, Jr.

King & Spalding

Mr. Smith’s practice focuses on international trade remedy proceedings, customs matters, trade-related...  |  Read More

Diane A. MacDonald
Diane A. MacDonald

Baker & McKenzie

Ms. MacDonald's practice focuses on various areas of international trade law, representing companies...  |  Read More

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