This August, the Department of Commerce published in the Federal Register notice of proposed Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws. The changes proposed by Commerce to the AD/CVD regulations represent the largest such amendment to the agency’s regulations in twenty years. These proposed modifications of Commerce’s existing AD/CVD regulations […]
Congress Requires CBP to Issue a Detailed Public Report of Its Antidumping/Countervailing Duty Collection Efforts; CBP’s Ignoring Congress
In an October 2019 report, Antidumping and Countervailing Duty Collection of Outstanding Claims, prepared for Congress by U.S. Customs and Border Protection (“CBP”), the agency explained that at the close of fiscal year 2019 there were 64,761 open bills for antidumping and countervailing duties, with a total amount outstanding of US$4.472 billion. These figures represented […]
Using AD and CVD Laws to Address Unfair Labor Practices
By: Lisa W. Wang and Sophia J.C. Lin Recent debate about labor standards in the domestic legal systems of our trading partners have focused on labor commitments in bilateral and multilateral treaties, such as the U.S.-Mexico-Canada Agreement (“USMCA”). Such commitments, although important mechanisms for change in a country’s labor laws, have proven difficult to enforce […]
CBP’s Office of Regulations and Rulings Is Undermining EAPA in Decisions They Don’t Want You to See
U.S. Customs and Border Protection’s (CBP) website informs the public that on May 17, 2018, after initiating an Enforce and Protect Act (EAPA) investigation of certain import transactions of Columbia Aluminum Products, LLC (Columbia) to determine whether the company had evaded the antidumping duty order on aluminum extrusions from the People’s Republic of China (Case […]
ITC Revives Important Trade Remedy Tool for New U.S. Industries Facing Unfair Import Competition
On September 16, 2019, the United States International Trade Commission found in a vote of 3-0 that the U.S. stainless steel keg industry was materially retarded by imports of kegs from Mexico, resulting in an 18.48% duty on Mexican kegs. This vote is the first of two which will conclude a year-long investigation into unfair […]
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