Trade Remedies

Chinese simple: 简体中文

Clark Hill’s trade remedies practice represents domestic and foreign clients in antidumping (AD) and countervailing duty (CVD) cases, and safeguard proceedings before the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC).

s Our practitioners have a successful track record in defending governments, producers, and importers through the full range of administrative and appellate actions under which tariff and other import restrictions may be imposed.

We advise clients on administrative and litigation strategy, compliance, sourcing, and risk management solutions in all areas of trade regulation, including:

• AD/CVD investigations and reviews before the DOC and ITC.
• Safeguard investigations, including Section 201 cases, administered by the ITC.
• Tariffs and import restrictions in support of national security interests under Section 232 of the Trade Expansion Act of 1962.
• Import-related actions administered by the Office of the U.S. Trade Representative (USTR), including tariffs and quantitative restrictions imposed under Section 301 of the Trade Act of 1974. Appeals of agency decisions to the U.S. Court of International Trade (CIT), the U.S. Court of Appeals for the Federal Circuit (CAFC), and binational panels convened under the United-States-Mexico-Canada Agreement (USMCA).
• Actions under the Enforce and Protect Act of 2015 (EAPA) administered by U.S. Customs and Border Protection (CBP) to investigate evasion of AD/CVD duties.  Penalty and other enforcement measures administered by CBP.

Trade remedies can cross into related areas -- including intellectual property, energy and environmental, government and regulatory affairs – and we collaborate with colleagues in those practices to offer integrated solutions for our clients.

• Exclusion from Section 301 tariffs on client’s imported flooring products, resulting in refunds of $25 million and quarterly savings of $11 million.
• Secured product exclusions and more than $2 million in tariff refunds in Section 232 and 301 proceedings for client aluminum foil importer.
• Exclusion from Section 301 tariffs on client’s imported fleece and yarn products, resulting in multimillion-dollar savings.
• Secured multi-million dollar refunds of AD duties for the largest U.S. flooring retailer through several appeals of DOC’s annual reviews in Multilayered Wood Flooring from China
• Exclusion of all products exported by client Chinese “mandatory respondent” from the scope of the AD/CVD investigation on Steel Racks from China.
• Saving a US 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 US furniture conglomerate from potential bankruptcy.
• Securing a 0 percent AD rate for first-time participant and mandatory respondent in the first DOC annual review of Multilayered Wood Flooring from China.
• Eliminating millions of dollars in potential AD/CVD duties for U.S. shipping container importers 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 US home improvement retail customers as a result of exclusion from the scope of the AD case on Hand Trucks from China.
• 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.
• Represented Government of Sri-Lanka in, the first U.S. CVD investigation against that country in more than 30 years, securing a nominal CVD margin of 2.18% (only .18% over de minimis) in OTR Tires from Sri Lanka. 
• Securing a 0 percent AD rate for Argentine honey producer in its first 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 importers clients China.
• Through litigation at the CIT and CAFC, securing a 0 percent AD rate and exclusion from the AD order on Polyester Staple Fiber from Korea for Korean exporters.
• Termination at the ITC preliminary phase of the AD investigation on Anhydrous Sodium Sulfate from Canada for U.S. Fortune 500 importer client.
• Represented Government of Latvia in securing the exclusion for its steel industry from the Section 201 Global Safeguards Investigation on Steel..