Dana Watts, Counsel with Miller & Chevalier, explains the "first sale" rule for reducing U.S.
- Stainless Steel Sheet and Strip from Taiwan (2008): Successfully achieved continuation of exclusion of supplier from antidumping order.
- Steel Nails from China and the UAE (2008): Successfully received no dumping (0%) margin for exporter client.
- Stainless Butt-Weld Pipe Fittings from Taiwan (2007): Assisted client exporter in receiving insignificant 0.52% antidumping import duty margin.
- Cut-to-Length Plate from Mexico (2007): Obtained revocation of antidumping and countervailing duty orders in a sunset review before the International Trade Commission.
- Stainless Steel Bar from India (2005): Assisted client in successfully qualifying for exclusion from the antidumping order after being found not to be dumping (0% dumping margins) for three years in a row.
- Stainless Steel Flanges from India (2005): Assisted client in successfully qualifying for exclusion from the antidumping order after being found not to be dumping (0% dumping margins) for three years in a row.
- Oil Country Tubular Goods from China, Germany, Brazil, France, and Austria (2002): Represented the major exporters to the United States. The case was terminated within 45 days, based on an ITC finding that the accused imports were non-injurious.
- Urea from Russia (2008): Obtained 0% dumping margin for exporter client, including successful opposition to petitioner effort to reintroduce non-market economy methodologies.
- PET Film from China, Brazil, Thailand, and UAE (2008): Assisted U.S. producer to revamp operations to avoid duties and successfully obtained no injury finding for one major supplying country, so avoided antidumping liability.
- Granular Polytetrafluoroethylene Resin from Italy (2008): Successfully excluded major products from the case.
- Chlorinated Isocyanurates from China (2006 - 2008): Successfully obtained a 75% reduction in the dumping margin for our exporter and importer clients, giving them a substantial advantage in the U.S. market for this product.
Anti-dumping: Agriculture/Forest Products
- Certain Lined Paper Products from China (2009): Advising client on scope issues.
- Wooden Bedroom Furniture from China (2008): Assisted exporter client in receiving by far the lowest antidumping import duty margin of any major respondent in any of the annual reviews to date. We were successful in getting DOC to switch the surrogate country for determining non-market economy dumping in a China case from India to the Philippines, which dramatically lowered the dumping margin and is an effort that many others had tried and failed in the past.
- Kraft Liner Board from the U.S. (Korea AD case, 2006 - 2007): Successfully assisted the client in having case terminated before completion.
- Kraft Liner Board from the U.S. (China AD case, 2006): Obtained the lowest antidumping import duty margin for our client of all the investigated U.S. exporters to China.
Countervailing Duty (Subsidy)
- Circular Welded Austenitic Stainless Pressure Pipe from China (2008): Obtained a 1.1% CVD rate in the final investigation decision, far below the 299% for noncooperative respondents. CVD cases against China are the hot new focus area in trade remedy law.
- Cut-to-Length Plate from Mexico (2007): Obtained revocation of antidumping and countervailing duty orders in sunset review before the International Trade Commission.
- PET Film from India (2006 - 2008): Represented the U.S. industry in two reviews as a result of which CVD import duties, initially found to be 20%+, were continued on imports of Indian PET film.
- Movie Films from Canada (2002, 2008): Represented the Government of Canada and the Canadian industry to entirely defeat a 2002 CVD case. When the U.S. industry refiled the case seeking to use a different statutory provision against the same subsidies, our original arguments prevailed again against them.
- Softwood Lumber from Canada (2001 - 2006): Represented the largest exporter to the United States in the largest U.S. CVD case ever, where case settled in the way desired.
- Laminated Hardwood Flooring from Canada (1996 - 1997): Represented the Government of Canada and a Canadian producer in the investigation. We achieved a de minimis (0%) duty rate for the Canadian producer.
- Live Swine from Canada (1992 - 1997): Represented the Government of Canada in six successive annual reviews of the CVD order. We won a unanimous Extraordinary Challenge Committee (ECC) favorable decision. We successfully defended the newly-designed FIPA and NISA programs as non-actionable subsidies. The CVD order was later revoked pursuant to a sunset review.
- Softwood Lumber from Canada (1990 - 1995): Represented the Government of British Columbia in the CVD case. Successfully defended appeals before a NAFTA bi-national panel and ECC.
- Steel Wire Rod from Saudi Arabia (1986 - 1994): Represented the Saudi producer, including in five consecutive annual reviews, with de minimis (0%) subsidy margins and ultimately got the CVD order against the client revoked.
- Magnesium from Canada (1991 - 1993): Represented the Government of Canada in the investigation and successfully negotiated a settlement agreement in the way desired.
- Fresh Chilled and Frozen Pork from Canada (1989 - 1993): Represented the Government of Canada in appeals before a NAFTA bi-national panel and in an ECC proceeding. At the ECC, we won a unanimous favorable decision.