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Christine Streatfeild

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Navigating Global Anti-Dumping Procedures: A Comparative Table of Anti-dumping Procedures in Key Jurisdictions

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In the realm of international trade, the anti-dumping instrument plays a crucial role in safeguarding domestic industries against unfair trading practices. The high number of anti-dumping investigations initiated around the world, as well as an increasingly broad product scope (such as touted cases on hydrogen or electric vehicles), mean that many internationally active companies will need to be aware of anti-dumping. While World Trade Organization law sets out the general framework for municipal anti-dumping rules,…

US: Commerce revokes Russia’s market economy status under antidumping law

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Russia was deemed a market economy under US antidumping law since 2002 In brief On November 9, 2022, the US Department of Commerce (“DOC”) revoked Russia’s market economy status for the purpose of US antidumping law. Russia’s re-designation as a non-market economy (“NME”) – an economy where prices are set by the government rather than through supply and demand – means that, in future antidumping cases, the DOC can use special dumping calculation methods that…

US Commerce Department Considers Revising “Particular Market Situation” Methodology

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Seeking public comments On November 18, 2022, the US Department of Commerce (“DOC”) published a notice of a proposed change to its particular market situation (“PMS”) methodology. Since the 2015 expansion of the DOC’s PMS authority, the DOC has been using the PMS methodology in the calculation of antidumping duty rates when it considers that there is a market distortion in the exporting country under investigation, such as the availability of low-priced energy, which reduces…

US Section 301 Duty Update: Section 301 Expiration Coming Up & Certain Product Exclusions Reinstated

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The first wave of retaliatory tariffs against certain Chinese-origin goods (the so-called Section 301 duties) are set to terminate under the Trade Act of 1974 (“Trade Act”). By statute, the measures terminate after 4 years unless an affected party benefitting from the tariffs submits a request to the United States Trade Representative (“USTR”) that the action be continued within the final 60-days of the 4-year period. Once such a request is submitted, the USTR must…

EU and US Reach Deal on Steel and Aluminium Tariffs

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On 31 October 2021, the EU and US issued a joint statement announcing that they had reached an agreement to end their dispute over steel and aluminium tariffs. This agreement removes the US “Section 232” tariffs on imports of EU steel and aluminium, imposed during the Trump administration, whilst the EU has agreed to suspend additional duties imposed on US goods in retaliation. Both sides have also agreed to suspend disputes initiated against each other at…

USTR Seeks Comments for Potential Reinstatement of Section 301 Exclusions

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On October 8, 2021, the Office of the United States Trade Representative (“USTR”) issued a notice and request for public comments on the potential reinstatement of certain exclusions of tariffs on Chinese imports imposed under USTR’s Section 301 investigation. USTR will examine 549 previously granted exclusions, many of which expired since December 31, 2020, for possible reinstatement. USTR will evaluate each exclusion on a case-by-case basis. The list of exclusions USTR seeks comments on can…

ITA Request Comments on Softwood Lumber Subsidies

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On October 8, 2021, the International Trade Administration (“ITA”) published a request for comments on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2021, through June 30, 2021. The request is limited to subsidies provided by countries that had exports accounting for at least one percent of total US imports of softwood lumber by quantity, as classified under…