Legal Framework

Preliminary Commerce Department determination

After the verification, the attorneys for the foreign company and the attorneys for the United States industry prepare legal briefs to submit to the Commerce Department.

Final Commerce Department determination

The final injury determination is the last chance to avoid imposition of the anti-dumping or countervailing duty order.

Approximately seven days after the final injury determination, the Commerce Department publishes an anti-dumping or countervailing duty order in the Federal Register.

Judicial review

08/12/2022

If either the domestic industry or the foreign company is dissatisfied with the results of the Commerce Department or Commission determinations, there is an option to file an appeal of the particular determination to the United States Court of International Trade.

The original investigation determines only estimated anti-dumping duties. The actual duties are established during the administrative reviews under Section 751 of the Tariff Act of 1930, usually known as 'Section 75 I reviews'.

Selecting a lawyer

08/12/2022

Needless to say, the trade remedies process is quite complex. Most foreign companies cannot navigate these complex proceedings without the advice of a lawyer or some other specialist.

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