Legal Framework

As Section 301 evolved, foreign government opposition to its use grew. United States trading partners perceive Section 301 as United States hypocrisy at its worse: the United States pursues multilateral options when they serve United States interests, but then reverts to 'aggressive' unilateralism whenever doing so better serves its interests.

When it amended the anti-dumping law in 1979, the United States Congress expanded the right to judicial review of anti-dumping duty orders and the underlying determinations. Since then, more and more anti-dumping investigations have ended in litigation.

Proceedings before the Court of International Trade (CIT) differ greatly from proceedings before the Commerce Department and the Commission.

Review in United States courts: Role of court appeal in overall strategy

Sunset reviews

08/12/2022

Under United States law, no anti-dumping duty order, countervailing duty order, or agreement to suspend an anti-dumping or countervailing duty investigation can remain effective for more than five years without being subject to a 'sunset review'.

United States anti-circumvention provisions are designed to counteract alleged circumvention of the anti-dumping duties imposed.

General overview of Commerce Department anti-dumping administrative review process

The fundamental purpose of verification for the foreign company is to prove the accuracy of the responses it has submitted.

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