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Business Guide to Trade Remedies in the United States

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

image of Business Guide to Trade Remedies in the United States

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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Defending the Commission’s preliminary investigation

The preliminary injury determination by the International Trade Commission (the Commission) is the first chance the foreign company has to demonstrate that the criteria for imposing anti-dumping or countervailing duties have note been met. If the Commission’s determination is negative, the anti-dumping investigation ends, and the company suffers little disruption of its business. If the determination is affirmative, the company must undergo a lengthy investigation by the Department of Commerce (assuming the company is ‘mandatory respondent’).

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