Practice Area

Government regulation of international trade is pervasive. We have the training and experience to help you effectively respond when the U.S. Government intervenes in international transactions.
 

Countervailing Duty Investigations and Reviews

An American company that believes a foreign competitor is being unfairly subsidized by a foreign government may petition DOC and the ITC for the imposition of 'countervailing duties' on products exported to the United States. If DOC determines that unfair subsidies are being provided and the ITC determines that subsidized imports are causing or threaten to cause material injury to a U.S. industry, the United States will publish a countervailing duty order and assess countervailing duties on the subsidized products in an amount equivalent to the benefit conferred by the unfair subsidies.

Every five years, the DOC and the ITC conduct 'Sunset Reviews' of antidumping and countervailing duty orders to determine whether an order can be terminated without causing injury to a U.S. industry.

deKieffer & Horgan, PLLC attorneys work with clients in all stages of antidumping and countervailing duty proceedings, including investigations, annual reviews and sunset reviews, as well as judicial review of agency determinations in the Court of International Trade and the Court of Appeals for the Federal Circuit. We have represented both petitioners and respondents and handle both the DOC and the ITC phases of these investigations. We also counsel foreign clients and their importers on practices that will minimize their exposure to antidumping or countervailing duty assessments in the event their products become subject to an investigation.

deKieffer & Horgan, PLLC's experience in antidumping investigations stretches back more than thirty years. Its antidumping group is composed of attorneys who have clerked at the Court of International Trade, served in the agencies responsible for administering the antidumping laws, produced scholarly and practical publications on antidumping, and, most important, successfully represented hundreds of companies in antidumping investigations.

deKieffer & Horgan, PLLC's attorneys have extensive experience in assistingU.S. clients doing business abroad in complying with these stringent requirements of U.S. law.

deKieffer & Horgan, PLLC prepared the materials on this web site for informational purposes. The transmission and display of the information contained at, or accessed through, this web site is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship. Since we are not providing legal advice through this web site, you should not act upon any information you might receive from it without seeking professional counsel. The materials on this web site are intended, but not guaranteed, to reflect current legal developments and the current state of the law. We do not, however, represent, warrant, or guarantee they will be complete, accurate, or up to date when you view them.