Minimizing Risks When Importing Goods Subject to Antidumping and Countervailing Duties

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.