Business Guide to Trade Remedies in the United States

Anti-Dumping, Countervailing and Safeguards Legislation, Practices and Procedures (Revised Edition)

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Guide to trade remedy procedures (anti-dumping, countervailing and safeguard) outlines scope of United States trade remedy laws; provides an overview of the procedural framework for anti-dumping and countervailing investigations in the country; addresses the chronology of a typical proceeding in defending a company’s interest by the US Department of Commerce; deals with anti-dumping investigations involving issues related to production cost; explains special rules utilized by the US Department of Commerce in anti-dumping cases against non-market economy countries; covers countervailing duties, and measuring subsidies; global safeguard measures and China-specific restrictions on fair trade; intellectual property protection, market access and trade policy issues; reviews the theory and practice of verification; issues that arise in injury investigations; post-order issues; settlement of trade disputes, as well as judicial and WTO appeals.

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Injury determinations

The United States International Trade Commission (the Commission) determines whether a United States industry is suffering material injury (or is threatened with material injury) ‘by reason of’ the targeted imports. Under United States law, the Commission must make an affirmative injury determination before anti-dumping or countervailing duties can be imposed. Consequently, because it is so rare for the Commerce Department not to find dumping margins, in the United States system most often it is the Commission’s injury investigation that decides whether anti-dumping duties are actually imposed. A negative injury determination by the Commission terminates the anti-dumping or countervailing duty investigation.

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