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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Judicial and WTO review

If a foreign company is not happy with the results of a trade remedy case, it can pursue two possible forms of appeal. First, the company can appeal the decision to United States courts. There is a well-established and frequently used system of judicial appeals for anti-dumping and countervailing duty cases. Section 337 decisions can also be appealed. Section 201 and Section 301 decisions are subject to very limited (if any) judicial appeal and are only rarely taken to United States courts. Second, the company can pursue an appeal to WTO. Technically, such appeals are brought by the foreign government, not the foreign company. Most foreign governments, however, are sympathetic to WTO appeals that raise valid issues against trade remedies that block exports by the country. This chapter briefly reviews each of these two types of appeal.

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