SHARE

June 21, 2022

Relief for US Companies Against Unfair Import Pricing and Foreign Subsidization

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

Key Takeaways

  • Concerns continue to rise over the threat of Section 301 duties being removed from Chinese imports.
  • Learn why more and more manufacturers are turning to combined antidumping and countervailing actions for relief and protection.

As concerns rise over the threat of Section 301 duties being removed from Chinese imports, Dan Pickard, Chair of Buchanan's International Trade & National Security Practice, explains why more and more manufacturers are turning to combined antidumping and countervailing actions for relief and protection:

We're in a new environment where "Made in the USA" has heightened importance, and for US manufacturers who have traditionally had to battle against unfairly-priced imports. There's really, kind of new meaningful tool in the toolbox, and that is - historically these US manufacturers who had to try to get some relief against unfair priced imports, turned to the US anti-dumping law, which is a law that provides relief for US manufacturers when they've been injured by unfairly-priced imports.

Unfairly priced, traditionally, was an examination of whether the imports were sold in the United States at a price below their home market; and then with the most recent surge in Chinese imports over the past twenty years, there was a special test created for China in regard to how unfair pricing was calculated. But now, more than ever, US companies are also turning to the US countervailing duty law. And what countervailing duty law allows is for US manufacturers to have a relief against unfair subsidization by their foreign competitors when they're receiving subsidies from their home government.

More and more frequently now, US companies are bringing combined anti-dumping cases and countervailing duty cases so that they received adequate remedies and protections against imports that are sold at unfair prices and that are receiving unfair subsidies. In light of the current recognized importance of maintaining the US manufacturing base - any concerns about Section 301 duties coming off of Chinese imports - it's reasonable to assume more and more companies are going to turn to both the US anti-dumping law and the US countervailing duty law.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Buchanan Ingersoll & Rooney

Ninth Circuit Refuses to Boot FLSA Claims: Time Spent Logging On is Compensable

By Christian Antkowiak Buchanan Ingersoll & Rooney November 10 , 2022

Is an employer obligated to pay employees for the time spent booting up and signing into their computers prior to clocking in?

Protecting Your Brand - Amazon's Brand Registry Program

By Bassam N. Ibrahim Buchanan Ingersoll & Rooney November 09 , 2022

Trademarks are a useful tool for brand protection.

SEC Adopts Final Incentive Compensation Clawback Rules

By Jennifer R. Minter Buchanan Ingersoll & Rooney November 04 , 2022

On October 26, 2022, the Securities and Exchange Commission (SEC) adopted final rules that will require listed companies to disclose and implement policies to “claw back” or recover incentive compensation paid as a result of erroneously reported financial information that is subject to a required accounting restatement.

More From Manufacturing

President Biden Calls on Congress to Avoid Mass Railroad Strike

By Jonathan J. Spitz Jackson Lewis P.C. December 07 , 2022

President Joe Biden has asked Congress to step in and enact legislation in the hopes of preventing a nationwide railway strike.

City of Atlanta Adopts New Protections for Criminal History Status, Gender Expression

By Emily S. Borna Jackson Lewis P.C. December 07 , 2022

The Atlanta City Council has amended the City of Atlanta Anti-Discrimination Ordinance to extend protections to citizens on the basis of criminal history status and gender expression in employment, housing, and public accommodations.

Trade Secret Law Evolution Podcast Episode 51: The Sixth Circuit Analyzes Key Concepts in Trade Secret Law in Affirming Major Jury Verdict

By Jordan D. Grotzinger Greenberg Traurig December 02 , 2022

You are invited to listen to Episode 51 of Greenberg Traurig’s Trade Secret Law Evolution Podcast, "The Sixth Circuit Analyzes Key Concepts in Trade Secret Law in Affirming Major Jury Verdict."

Featured Stories
Closeclose
Search
Menu

Working...