Domestic industries considering whether to utilize the trade remedy laws must confront an essential question up front: even if the petition results in the imposition of a trade remedy, will the measure be enforceable? Although enforcement risks differ substantially depending on product, the use of fraud to evade and circumvent antidumping duty and/or countervailing duty […]
Federal Circuit Affirms Surety Liability for Antidumping Duties on Crawfish from China
The U.S. Court of Appeals for the Federal Circuit last week affirmed the U.S. Court of International Trade’s finding that American Home Assurance Company (AHAC) is liable for antidumping duties under a bond issued for crawfish tail meat imported from China in 2001. The crawfish entered without any declared antidumping duty liability because the exporter was a […]
CBP Authority to Address Risk to Revenue by Dumped Merchandise Under Attack
The problem of assessed antidumping duties that cannot be collected by U.S. Customs and Border Protection (“CBP”) has been an increasing problem undermining the effectiveness of relief against unfair trade in the United States. Through fiscal year 2012 – the last year for which data are available – CBP reported a total of nearly $1.8 […]
Federal Circuit Highlights Need for Importer of Record Reform
Last week, the Court of Appeals for the Federal Circuit (CAFC) overturned the Court of International Trade (CIT) in a 19 U.S.C. § 1592 enforcement action, Trek Leather, Inc. v. United States. Trek in 2004 imported suits without disclosing the value of its U.S.-made fabric (“assists”), resulting in unpaid duties. The CIT in 2011 found […]
CIT cases spotlight new shipper review abuse
Recent CIT rulings focus on a unique aspect of U.S. trade remedy law used by exporters and importers to evade the payment of antidumping and countervailing duties. When requested by shippers not previously involved in ongoing trade remedy proceedings, the Commerce Department “shall” review their sales behavior and assign them individualized duty rates that must […]