Schlumberger Technology Corporation is a leading oilfield services provider in the United States that emphasizes its “integrated pore-to-pipeline solutions for hydrocarbon recovery that optimize reservoir performance.” Schlumberger imports bauxite proppants from China that it combines with other materials to increase oil well performance by preventing fractures in rock formations from closing1.Schlumberger has been litigating the […]
Archives for January 2017
Customs Penalty Litigation Demonstrates How Evasion of Antidumping Duties Fundamentally Undermines Trade Remedy Law
In May 2015, all six commissioners of the U.S. International Trade Commission unanimously determined that the revocation of the antidumping duty order on imports of saccharin from China would not be likely to lead to the continuation or recurrence of material injury to the domestic saccharin industry within a reasonably foreseeable time. The Commission made […]
Customs Initiates Formal Investigation Of Antidumping Duty Evasion And Applies Interim Measures Against Chinese Wire Hanger Imports Transshipped Through Thailand
In late December, the U.S. Customs and Border Protection (CBP) began to publish notices respecting initiation of investigations against importers who were alleged to have evaded antidumping or countervailing duties. These investigations are conducted pursuant to new statutory authority commonly referred to as the Enforce and Protect Act (EAPA). While the results of CBP’s informal […]
Federal Circuit Affirms Commerce Authority to Address Fraud in Antidumping Proceedings
Authors: Brian McGill and Nathaniel Rickard. In a decision upholding the U.S. Department of Commerce’s (Commerce) “considerable discretion” to determine the contents of the record in its administrative proceedings and to apply adverse facts available (AFA), the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) on Friday affirmed the agency’s decision to reject, […]