As tariffs and other barriers to trade continue to decrease, the use of trade remedies (antidumping, countervailing duty (CVD) and safeguards) to protect home markets has increased. A successful trade remedy case can substantially alter market dynamics by resulting in increased duties or quotas on imports of targeted products. Companies increasingly find themselves involved in trade remedy cases. A company may be forced to defend against an aggressive competitor’s attempt to limit access to an important market or to a crucial input. Or a company may be using the trade remedy to protect its market from foreign competition.
To increase their competitive edge, companies need to understand how to use trade remedies and how to defend against them. Thompson Hine’s Trade Remedies practice is devoted to helping clients understand and take advantage of trade remedy rules, regardless of whether the client wishes to impose or to avoid trade remedies.
Our Trade Remedies practice represents U.S. and multinational companies involved in antidumping, CVD and safeguard proceedings before federal agencies, U.S. courts and the World Trade Organization (WTO). The senior members of the practice speak and publish frequently, teach trade remedies law as adjunct professors and have been recognized as among the world’s best trade lawyers by Chambers & Partners (U.S. and global editions), The International Who’s Who of Trade and Customs Lawyers and The Guide to World’s Best International Trade Lawyers.
We have represented clients in more than 50 antidumping, CVD and safeguard proceedings, which consist of hundreds of separate actions before the Department of Commerce (Commerce) and the International Trade Commission (ITC), including original investigations, administrative reviews, changed circumstance reviews, scope inquiries and sunset reviews. We also handle safeguard remedy proceedings and lobby Congress and executive branch agencies such as Commerce and the Office of the United States Trade Representative (USTR) on trade remedy (and other) issues. We frequently appear in U.S. federal court and the WTO to challenge or defend agency decisions. Our clients have included an array of U.S. importers and producers; non-U.S. producers and exporters; and governments throughout Asia, Europe, the Middle East and the Americas.
This broad range of experience and clientele gives our team a global view of U.S. trade remedy proceedings. Members of our group also have significant U.S. government experience, involving both trade remedy cases and U.S. Customs and Border Protection matters, providing us valuable insight into how the government approaches its decision-making process.
Members of the group have played a lead role in many of the most significant trade remedy proceedings in the last 20 years, including the steel cases (antidumping, CVD and safeguard proceedings, and court appeals and WTO proceedings) and the zeroing and Byrd Amendment challenges. We have achieved significant successes for clients before the ITC, Commerce, U.S. courts and the WTO.
Successful representations in trade remedy cases before Commerce, the ITC and/or federal court:
Our Commerce and ITC case list follows:
U.S. antidumping duty proceedings (including Commerce and ITC investigations, administrative reviews and sunset reviews):
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