International trade laws are intricate and ever-changing, making compliance a significant challenge for companies that import or export goods. Among the most vital aspects of these laws are antidumping (AD) and countervailing duties (CVD), which are intended to shield domestic industries from unfair pricing practices and foreign subsidies that distort competitive markets.
For companies engaged in global trade, having a General Counsel lawyer (GC) who specializes in international trade law can be a major asset. Our colleagues from Volpe Law LLC share insight into how general counsel lawyers can help businesses worldwide effectively manage legal risks related to AD and CVD while ensuring compliance with all applicable regulations.
Understanding Complex Trade Remedy Laws
Antidumping and countervailing duties are essential tools used by governments, including the United States, to level the playing field for domestic producers. These measures are enforced by bodies such as the U.S. Department of Commerce and the International Trade Commission (ITC), and they involve intricate legal procedures.
A GC with trade law experience can help your company avoid legal risks of non-compliance. From initiating petitions for investigations into dumping or subsidies to responding to agency questionnaires and understanding how duty rates are calculated, a GC provides critical guidance throughout the process. Their support ensures your company stays compliant with evolving trade rules and avoids costly missteps.
Evaluating Business Impact
AD and CVD orders can have a significant financial impact, especially when duties are steep. A knowledgeable General Counsel can help assess how these measures affect your business operations, supply chains, and profit margins. They can determine whether your imports are subject to existing duty orders, help identify any relevant exemptions or trade agreements, and advise on how new investigations or tariff adjustments may influence your operations. With these insights, your company can make more informed decisions around sourcing, pricing, and inventory strategies.
Representation In Investigations And Disputes
If your company becomes involved in an AD or CVD investigation or dispute, the stakes can be high. A General Counsel experienced in trade law can represent your interests during agency investigations and proceedings. They can also work alongside outside counsel to build strong cases, submit accurate filings, and advocate for favorable outcomes such as lower duty rates or case dismissals. Additionally, they can guide your company in contesting unfair trade determinations and avoiding penalties that result from non-compliance.
Ensuring Compliance And Minimizing Legal Risk
Compliance with trade laws is essential for maintaining good standing with agencies such as U.S. Customs and Border Protection (CBP). A General Counsel can help your company develop strong compliance programs, including employee training, recordkeeping protocols, and best practices for handling audits or inquiries. Their guidance helps mitigate legal risks and ensures your business meets all regulatory requirements.
Exploring Legal Remedies
When AD or CVD duties become burdensome, a GC can help explore legal remedies. These might include requesting administrative reviews to reduce duty rates, participating in sunset reviews to argue for the expiration of duties, or using relief mechanisms available under trade agreements and WTO rules. Taking a proactive approach can significantly reduce financial strain and support long-term trade compliance.
Talk To An Attorney Near You For Professional Advice
Antidumping and countervailing duty laws pose significant challenges for international businesses. A dedicated general counsel lawyer with solid experience in trade law is instrumental in navigating these regulations, minimizing financial exposure, and safeguarding your company’s interests.