The antidumping (AD) order on fresh garlic from China was issued in 1994. Since that order issued, hundreds of millions of dollars of resulting AD duties owed to the federal government have gone unpaid. Indeed, as of fiscal year 2017 – the last year for which detailed information was made public – uncollected AD duties […]
U.S. Industries Continue to Combat Unfairly Traded Imports in Record Number of Antidumping and Countervailing Duty Petitions
The federal government’s fiscal year (FY) 2020 concluded on September 30, 2020. Over the course of FY 2020, 114 antidumping and countervailing duty petitions were filed with the U.S. Department of Commerce and the U.S. International Trade Commission. These petitions were filed on behalf of 26 separate industries and cover products ranging from cigarettes to […]
Importers Team Up to Undercut Regulations Designed to Improve Enforcement of U.S. Trade Remedy Laws
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 […]
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