Antidumping and countervailing duty actions, safeguards and other measures that are intended to protect domestic industries against foreign imports figure prominently in international trade conflicts. As these actions have continued to increase in recent years, they affect growing numbers of U.S. and foreign industries, importers and exporters, consuming industries and foreign governments. Since 1992, both in private practice and in government service, Mowry & Grimson attorneys have been at the forefront of antidumping and countervailing duty investigations throughout North America, Europe, Asia, Mexico and South Africa. Our clients also benefit from Mowry & Grimson’s ability to work collaboratively with overseas skilled trade counsel in disputes filed anywhere in the world.
Antidumping actions arise when a domestic industry believes that imports are being sold at less than fair value, causing it economic injury. In the United States, Mowry & Grimson’s antidumping practice includes proceedings before the U.S. Department of Commerce and the International Trade Commission, as well as appellate litigation before the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court. Mowry & Grimson assists affected companies in navigating the investigative process and advises companies on programs to reduce the risk of antidumping liability through administrative reviews.
Countervailing duty actions arise when domestic companies allege that their foreign competitors are being unfairly subsidized. Subsidy investigations are formally brought against the government providing the subsidy, not the company receiving it. In such cases, both the governments and exporting companies need a legal partner to develop a defense strategy and collaborative work plan. Drawing on its strength in cases at the cutting edge of policy, law and economic analysis, Mowry & Grimson advises companies and governments defending against illegal subsidy allegations and supports national and provincial governments on structuring their programs to ensure consistency with international subsidy rules.