Antidumping and countervailing duty actions, safeguards (section 201), and other measures that provide protection to domestic industries against foreign imports figure prominently in international trade conflicts. As these actions become more common, 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 directly involved in antidumping and countervailing duty investigations that have been conducted throughout North America, as well as in Europe, Asia and South Africa. Clients benefit from Mowry & Grimson’s ability to partner with skilled trade counsel throughout the globe wherever they face antidumping or countervailing issues.

ANTIDUMPING DUTIES
Antidumping actions arise when a domestic industry believes that imports are being sold at less than normal value and causing it economic injury. In the United States, our antidumping practice includes litigation before the U.S. Commerce Department and the International Trade Commission, appellate litigation before the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court, counseling industries on how to participate in and influence the investigative process, and advising companies on programs to reduce the risk of antidumping liability through administrative reviews.

COUNTERVAILING DUTIES
When disputes arise about subsidies, companies and their respective governments are involved. Subsidy investigations are formally against the government providing the subsidy, not the company receiving it. Therefore, when such issues arise, the governments and companies need both legal expertise and advisors with the ability to develop a defensive or offensive strategy and to work closely with the relevant government agencies to implement the strategies. Drawing on its general strength in cases at the cutting edge of policy, law, and economic analysis, Mowry & Grimson provides that multi-faceted capability. We have advised companies and governments defending against charges of providing illegal subsidies. We have defended numerous countervailing duty cases and we have advised national and provincial governments on structuring their programs to ensure consistency with international subsidy rules.

SAFEGUARDS
Mowry & Grimson attorneys have experience representing clients in Sections 201 and 421 "safeguard" actions under the Trade Act of 1974. Section 201 investigations require the combination of political sophistication and technical and economic experience that characterizes the trade practice. Under Section 201, the President may impose restrictions on imports of fairly traded goods for up to four years if the International Trade Commission (ITC) determines that overall U.S. imports of a product are increasing so rapidly that they are causing, or threatening to cause, serious injury to a U.S. industry. The ITC first decides whether the domestic industry has been injured, then recommends a remedy which can include increased tariffs, quotas, trade adjustment assistance, or other relief. These recommendations are forwarded to the President, who then has discretion to determine what relief will be implemented.