The number of antidumping (AD) and countervailing duty (CVD) petitions filed by U.S. industries, each often targeting imports from multiple countries, is increasing. That means that no supplier of an imported product also produced in the United States is immune. If an AD or CVD order is issued, it can have a long-term devastating effect on the competitiveness of imported goods in the U.S. market. Active participation in these investigations, as well as strong preparation, is essential.
That’s why Jacobs Global Trade is here. We represent respondents, including foreign manufacturers and exporters, U.S. importers and U.S. purchasers, in AD and CVD (anti-subsidy) investigations, annual administrative reviews and five-year sunset reviews. We represent respondents before the U.S. International Trade Commission (USITC), which decides whether allegedly unfairly traded imports are causing or threatening material injury to a U.S. industry. We also represent foreign manufacturers before the U.S. Department of Commerce (DOC), which determines whether imports are dumped—sold at less than fair value—or subsidized
At the USITC, we can help you take advantage of the opportunity to shape and respond to USITC questionnaires and participate effectively and strategically in the preliminary staff conference and final Commission hearing, through testimony and legal briefs, and perhaps site visits, if there are relevant U.S. based facilities.
DOC proceedings include a time consuming and demanding investigation process and, in the event an order is issued, annual administrative reviews will follow, and often new shipper reviews and scope determinations. An understanding of how dumping and subsidies are calculated, how goods destined for the U.S. market should be priced in light of costs and home market sales, and strong recordkeeping can be the most effective strategies to avoid being subject to such investigations or adverse determinations.
Jacobs Global Trade, working with economic consultants, can assist you with assessing your vulnerability to AD allegations — and suggest options for lowering that vulnerability — and with preparing effective responses to the extensive questionnaires issued by the DOC under tight deadlines.
Litigation before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit offers a potential avenue for relief from adverse determinations by the USITC or the DOC, and Jacobs Global Trade handles those cases.
We also have participated in safeguard (Section 201) investigations, which cover fairly traded goods that are allegedly being imported in such increased quantities that they are causing serious injury to a U.S. industry. Unlike unfair trade petitions, which are country specific, safeguard measures apply globally. Safeguard investigations ultimately are also political, with the final decision up to the President, so we are here to help develop and implement an effective lobbying campaign, too.