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OVERVIEW

As tariffs and other barriers to trade decrease, companies increasingly protect their home markets by invoking trade remedies—antidumping, countervailing duty (CVD) and safeguards. A trade remedy case can profoundly alter market dynamics by imposing additional duties or quotas on imports of targeted products.

U.S. and foreign companies must understand how to use trade remedies, as well as how to defend against them. The United States is involved in an increasing number of trade disputes that affect substantial volumes of trade. The disputes involve nearly every industry— food, autos, pharmaceuticals, electronics, steel, even bicycle parts.

Strict enforcement of U.S. trade remedy laws helps those companies that enlist the U.S. government to protect their interests, but harms those that export to the U.S. market and or that are U.S.-based and depend on inputs subject to trade remedies. In addition, as the U.S. steps up its enforcement of trade remedy laws, export-dependent U.S. companies risk being targeted by foreign trade barriers imposed as retaliation in response to U.S. trade restrictions.

Perkins Coie’s Trade Remedies practice is devoted to helping clients take advantage of trade remedy rules, both defensively and offensively.

Experience

We represent U.S. and multinational companies involved in antidumping, CVD and safeguard proceedings before federal agencies, U.S. courts and the World Trade Organization (WTO). We have a well-earned reputation for achieving superior results for domestic and foreign parties before the U.S. agencies that enforce laws regulating imports, such as antidumping, CVD and Section 201 "safeguard" proceedings, and foreign trade practices, such as Section 301 market access cases.

Our team of experienced attorneys and trade professionals in Washington, D.C., and Asia understands the complex laws and regulations that apply in U.S. trade investigations, as well as the underlying political and economic dynamics. We appear frequently on behalf of clients in trade litigation and related matters before the U.S. government, including the Department of Commerce (DOC), the International Trade Commission (ITC), Customs and Border Protection (CBP) and the Office of the U.S. Trade Representative (USTR). We challenge or defend agency decisions in appeals before U.S. courts, including the Court of International Trade, the Court of Appeals for the Federal Circuit and the Supreme Court. Finally, unlike most practices, we offer clients the benefit of our deep experience representing WTO member governments and their industries in WTO challenges against U.S. and other trade remedy measures.

Our team has over 30 years of experience representing major manufacturers, importers and exporters in U.S. trade remedy investigations, including dozens of cases involving imports from Asia. We have represented clients in more than 100 individual antidumping, CVD and safeguard proceedings before DOC, the ITC and other federal agencies. Our experience includes successful representations of clients in original investigations, administrative reviews, changed circumstance reviews, scope inquiries and sunset reviews. We have deep experience representing clients before the ITC. We understand the specific issues that arise in the ITC’s analysis of the impact of imports on U.S. industries, and we have worked closely with the ITC's Office of General Counsel, as well as the ITC's Office of Investigations and Office of Economics in individual import investigations. We appear regularly before the Commission and present evidence, witnesses and testimony on issues affecting the Commissioners' decisions on appropriate relief from imports that are alleged to be unfairly traded.

As necessary to achieve client goals, we lobby Congress and executive branch agencies such as DOC and USTR on trade remedy (and other) issues. Our clients have included an array of non-U.S. producers and exporters, U.S. importers and producers; and governments throughout Asia, Europe, the Middle East and the Americas.

The senior members of our Trade Remedies practice speak and publish frequently, teach trade remedies law at prestigious institutions such as Georgetown University and have been recognized as among the world’s best trade lawyers by Chambers & Partners (U.S. and global editions), U.S. News and World Report, The International Who’s Who of Trade and Customs Lawyers and The Guide to World’s Best International Trade Lawyers.

Representative Matters

We have played a leading role in many of the most significant trade remedy proceedings in the last 30 years, including the steel cases (antidumping, CVD and safeguard proceedings, and court appeals and WTO proceedings) and the zeroing and Byrd Amendment challenges. We have achieved significant successes for clients before the ITC, DOC, U.S. courts and the WTO, and we are at the forefront of trade remedies issues involving China-U.S. trade.

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