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: Analysing costs and determining constructed value

More and more foreign companies are finding their costs of production under investigation by United States authorities. In the early 1980s, few anti-dumping cases involved cost of production. This has changed. United States industries began to realize that a cost investigation gives them a significant strategic advantage in anti-dumping investigations, and pushed for changes in United States law and practice to make such investigations easier to trigger and more burdensome to defend. Even if the foreign company eventually proves that its sales are ‘above cost’, the company will have devoted enormous resources to defending against the cost allegations and will have shifted some attention away from the issues involved in defending the price investigation.

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