Trade Remedies

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Clark Hill attorneys have represented clients in trade remedy matters for nearly 50 years. Our International Trade Practice Group has a successful track record in defending governments, foreign producers and importers in AD and CVD cases and a deep knowledge of the issues surrounding these proceedings. Below is a summary of our experience and accomplishments:

• Clark Hill attorneys have served as counsel to more than 350 exporters and U.S. importers in both market and non-market (China, Vietnam) AD/CVD cases. In many of those cases we have represented both coalitions of importers and/or exporters, as well as individual companies seeking independent advice of counsel.
   
• We have defended over 1000 foreign exporters and U.S. importers in AD/CVD cases and related customs matters before the Department of Commerce (DOC), the International Trade Commission (ITC), and U.S. Customs and Border Protection (CBP).
   
• We regularly practice before the U.S. Court of International Trade (CIT), U.S. Court of Appeals for the Federal Circuit (CAFC), and state and other federal courts. We have litigated more than 250 international trade cases before the CIT and CAFC alone. 
   
• In addition to AD/CVD, we counsel clients in other types of trade actions, including: Section 301 unfair trade practices; Section 201 global safeguard (“escape clause”) proceedings, Section 337 unfair trade competition; and Section 232 investigations involving threats to national security.

Some of our accomplishments include: 

• Secured product exclusions and over $2 million in tariff refunds in Section 232 and 301 proceedings for client aluminum foil importer.
   
• Obtained an exemption from List 3 of Section 301 tariffs for fleece and yarn products for major retailer client, resulting in multiple job and store savings.
   
• Obtained an exclusion of all products exported by client Chinese “mandatory respondent” from the scope of the Steel Racks from China investigation.
   
• Saving a U.S. importer client more than $100 million in AD duties resulting from a CBP audit of imports of Wooden Bedroom Furniture from China. This result also rescued this major U.S. furniture conglomerate from potential bankruptcy.
   
• Eliminating millions of dollars in potential AD/CVD duties for U.S. importer clients Blackstone/OTR LLC and OTR Wheel Engineering through termination of the AD/CVD investigation on Steel Wheels from China at the ITC.
   
• Securing a 0% AD rate for first-time participant and mandatory respondent Armstrong Wood Products Kunshan, Ltd., in the first DOC annual review of Multilayered Wood Flooring from China.
   
• Eliminating millions of dollars in potential AD/CVD duties for U.S. importer clients Crowley Maritime Corporation and Sea Star Line through termination of the 2012 AD/CVD investigation of 53-Foot Domestic Dry Containers from China at the ITC.
   
• Saved the client more than $1 million per month in AD duties and to help secure long-term contracts with major U.S. home improvement retail customers as a result of exclusion from the scope of the AD case on Hand Trucks from China of multi-use product imported by our client under the WORX brand.
   
• Securing in the 8th DOC annual review the lowest AD rate (4.54%) in the decade-long history of the Off-the-Road (“OTR”) Tires from China case for Chinese mandatory respondent, and first-time participant in the case, Weihai Zhongwei Rubber Co., Ltd.
   
• In OTR Tires from Sri Lanka, the first CVD investigation against that country in more than 30 years, securing a nominal CVD margin of 2.18% (only .18% over de minimis) for the Government of Sri Lanka. 
   
• Securing more than $7 million in AD refunds for the largest U.S. wood flooring retailer client through dismissal of petitioners’ CIT appeal of the 4th DOC annual AD review in Multilayered Wood Flooring from China.
   
• Securing a 0% AD rate for first-time participant and mandatory respondent, Seylinco, S.A., in the DOC annual review of Honey from Argentina.
   
• Termination at the ITC preliminary phase of the AD investigations on Desktop Note Counters and Scanners from China, Korea and the UK on behalf of clients China Taly Aviation Technologies Corp. and Scan Coin Industries AB, Nanjing No. 5311 Factory.
   
• Through litigation at the CIT and CAFC, securing a 0% AD rate and exclusion from the AD order on Polyester Staple Fiber from Korea for client Geum Poong Corporation.
   
• Termination at the ITC preliminary phase of the AD investigation on Anhydrous Sodium Sulfate from Canada for importer client Procter & Gamble.
   
• Exclusion of the Latvian steel industry from the Section 201 Global Safeguards Investigation on Steel on behalf of the Government of Latvia.
   
• Successfully securing separate rates for numerous Chinese clients through Separate Rate Applications in AD cases.