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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Anti-dumping duties: Comparing prices to determine dumping margins

As noted previously, the United States anti-dumping law is administered by two different federal agencies in two separate, but overlapping, proceedings. The United States Commerce Department investigates whether the targeted foreign exporters have engaged in ‘dumping’ as defined by the law. The United States International Trade Commission investigates whether the targeted imports have caused (or threaten to cause) the domestic industry to suffer material injury. This chapter addresses in detail defending the company’s interest in the Commerce Department proceeding. Issues relating to injury investigations are discussed in more detail in chapters 12, 13 and 14.

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