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Countervailing Duty

Trade Remedies

Global trade in goods is regulated by anti-dumping and countervailing duty laws that permit significant duties to be imposed against dumped or subsidized imports that cause material injury or a threat of material injury to U.S. industry. Dumping and countervailing duty cases, often called trade remedy cases, can reshape the competitive environment in an industry and have profound effects for many years on the companies and countries involved.

Our attorneys have a strong track record of handling complex anti-dumping and countervailing duty matters on behalf of our clients. We have represented foreign and domestic producers, trade associations, exporters and importers in a broad range of industries, and have experience interacting with investigating authorities responsible for these cases. We are able to work effectively with our clients as a team to identify issues and to develop sophisticated strategies to achieve business objectives.

Barnes & Thornburg's trade remedies team includes attorneys with deep technical knowledge and high-level political and government experience. Our team includes the most recent Assistant Secretary of Commerce for Import Administration at the U.S. Department of Commerce (DOC), where he was the decision-maker in hundreds of anti-dumping and countervailing duty cases. One of our attorneys litigated trade remedy cases as a government attorney at both the Department of Commerce and the International Trade Commission.

Our seasoned, well-rounded team has wide-ranging technical experience representing clients in high-profile trade remedy cases. We employ forward-thinking legal strategies combined with a unique perspective on the government decision-making process and an appreciation of how political strategies, including involvement from Congress, the executive branch and diplomatic channels, can affect the outcome of a case.

Trade remedy proceedings often lead to litigation. Our attorneys have successfully represented companies in post-order litigation at the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. Two of our attorneys were involved in U.S. v Eurodif S.A., the first-ever anti-dumping case to reach the U.S. Supreme Court.

Trade remedy cases also often yield post-order compliance issues. Our attorneys take the time to learn about our clients- businesses so we can advise on how to establish programs to reduce the risk of anti-dumping liability and Commerce Department administrative reviews. We help our clients ensure that sourcing strategies withstand customs scrutiny and work with U.S. Customs and Border Protection to address potential circumvention and enforcement issues.


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