Overview

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.

Experience
Representative Experience

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.

Representative Matters

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:

  • Business telephones from Japan (antidumping duty order revoked in sunset review)
  • Ceiling fans from China (zero antidumping margin and revocation obtained for Chinese exporter)
  • Frozen warm water shrimp from Vietnam (zero antidumping margins obtained for Vietnamese exporters)
  • Furfuryl alcohol from China (antidumping duty order maintained) (EC)
  • Furfuryl alcohol from China, South Africa and Thailand (antidumping duty order maintained) (U.S.)
  • Glycine from China (antidumping duty order maintained) (U.S.)
  • Industrial belts from Israel (zero antidumping margin and revocation obtained for Israeli exporter)
  • Solid urea from Germany (antidumping duty order revoked)
  • Tetrahydrofurfuryl alcohol from China (antidumping duty order maintained) (U.S.)
  • Successful representations in trade remedy cases before the WTO:
  • Termination of U.S. steel safeguard measures
  • Successful challenge to the U.S. Byrd Amendment
  • Termination of U.S. lamb meat safeguard measures
  • Successful challenge to various aspects of the U.S. antidumping regime in U.S. – Antidumping Measures on Certain Hot-Rolled Steel Products
  • Successful challenge to the U.S. Anti-Dumping Act of 1916
  • Successful challenge to Thai antidumping duties on H-beams from Poland
  • Termination of U.S. antidumping duty order on dynamic random access memory semiconductors (DRAMs) from Korea

Our Commerce and ITC case list follows:

U.S. antidumping duty proceedings (including Commerce and ITC investigations, administrative reviews and sunset reviews):

  • Aluminum extrusions from China (U.S. importer)
  • Antifriction bearings from the United Kingdom (Consolidated Bearings)
  • Brass sheet and strip from Sweden and Netherlands (Outukumpu)
  • Business telephones from Japan (Iwatsu Electric)
  • Carbon steel plate from Sweden (Swedish Steel)
  • Ceiling fans from China (SMC)
  • Door locks from Taiwan (Taiwanese exporter)
  • DRAMs from Korea and Taiwan
  • Fresh and chilled Atlantic salmon from Norway (Norwegian exporter, U.S. importer)
  • Frozen warm water shrimp from Vietnam (largest exporters and majority of industry)
  • Furfuryl alcohol from China, South Africa and Thailand (Penn-A-Kem)
  • Glycine from China (GEO Specialty Chemicals)
  • Glycine from India, Japan, and Korea (GEO Specialty Chemicals)
  • Gray portland cement from Mexico and Venezuela
  • Hand tools from China (entire Chinese industry)
  • Industrial belts from Israel (Magam)
  • Low enriched uranium from France, Germany, Netherlands and the United Kingdom (Urenco)
  • 3.5" microdisks from Japan (Fujifilm)
  • Nitrocellulose from Japan (Asahi Chemicals)
  • Semiconductors from Taiwan (TSMC)
  • Solar cells/modules from China (SunEdison/MEMC)
  • Solid urea from Germany (SKW)
  • Stainless steel bar from the United Kingdom (Firth Rixon)
  • Steel nails from China (U.S. importer)
  • Tetrahydrofurfuryl alcohol from China (Penn-A-Kem)
  • U.S. CVD proceedings:
  • Carbon steel plate from Sweden (SSAB Svenst Stal AB)
  • Low enriched uranium from France, Germany, Netherlands and the United Kingdom (Urenco)
  • Solar cells/modules from China (SunEdison/MEMC)
  • U.S. safeguard proceedings:
  • Section 201 steel investigation (Brazil, Japan, Korea, Latvia and Mexico; included coordinating joint defense counsel efforts at the ITC and WTO)
  • China textile safeguard investigations
  • U.S. Section 421 investigations (China-specific safeguard):
  • Pedestal actuators from China (Chinese industry; coordinated legal and political representation before ITC and USTR)
  • Tires from China (TBC)
  • European Union antidumping duty proceedings:
  • Furfuryl alcohol from China (Belgian client)
  • Soda ash from the United States (U.S. producer)