Antidumping and countervailing duty actions, safeguards 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 in turn 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, Mexico and South Africa. Our clients benefit from Mowry & Grimson's ability to partner with skilled trade counsel throughout the globe wherever they face trade remedy issues.
Antidumping actions arise when a domestic industry believes that imports are being sold at less than normal value, causing it economic injury. In the United States, our antidumping practice includes litigation 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 staff counsels industries on how to participate in and influence 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. When such issues arise, however, both the governments and exporting companies need 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 those strategies. Drawing on its strength in cases at the cutting edge of policy, law and economic analysis, Mowry & Grimson has advised companies and governments defending against charges of providing illegal subsidies. We have also advised national and provincial governments on structuring their programs to ensure consistency with international subsidy rules.
Under Sections 201 and 421 of the Trade Act of 1974, 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 that 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. Mowry & Grimson attorneys have the combination of political sophistication and technical and economic experience that is required in representing clients in Sections 201 and 421 "safeguard" actions.