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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,…

Forced labor developments in Mexico, Canada and the United States webinar

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Join us for a webinar on Forced labor developments in Mexico, Canada and the United States on Thursday, March 23, 2023 from 10:00 am – 11:00 am Central Time. In this webinar, our panelists will discuss Mexico’s implementation of the new Forced Labor Regulation, Canada’s implementation of supply chain transparency legislation, US forced labor enforcement trends, customs forced labor best practices and supply chain due diligence recommendations. Click here to register.

European Commission guidance: Dutch Customs’ determination of when amendments can be made to a customs declaration is too strict

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A declarant may ask for a change to certain of the data elements in a customs declaration in accordance with Article 173 Union Customs Code (“UCC”), which is applicable to customs declarations that have already been accepted by customs. The Dutch Customs Authorities (“DCA”), however, apply a very strict application of Article 173 UCC, stating that amendments are only allowed if the amendments are required by customs legislation. This position taken by the DCA deviates…

EU report shows broad range of penalties for customs infringements across EU Member States

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The Union Customs Code (UCC) harmonizes the customs laws of the European Union. The UCC stipulates that Member States must impose penalties for failing to comply with customs legislation, and that these penalties must be efficient, proportionate, and dissuasive. Member States must notify the Commission of the penalties that they apply to various acts of non-compliance and of any subsequent amendments to those penalties (if applicable). The UCC therefore gives the Member States the freedom…

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…