GDLSK represents foreign manufacturers and exporters before the Department of Commerce (“DOC”) in defending against claims by U.S. producers that imported merchandise was sold at less than fair value (antidumping (“ADD”) cases) and/or subsidized (countervailing duty (“CVD” cases).
ADD/CVD cases are extraordinarily complex. Failure to fully and accurately respond to the DOC’s 100 + page questionnaires in a timely manner will cause the DOC to reject all data submitted and rely on adverse facts available (“AFA”) to calculate ADD/CVD duty rates. AFA rates are extremely punitive (typically in excess of 100% and may actually exceed the value of the goods). AFA rates have the effect of precluding future imports. ADD/CVD cases before the DOC are the primary focus of the GDLSK Trade Group’s practice.
GDLSK is recognized as the leading law U.S. law firm in non-market economy (“NME”) ADD/CVD cases (China and Vietnam). GDLSK accountants reside in Hong Kong and Vietnam, and work on-site with clients throughout ADD/CVD proceedings. We are one of only 6 U.S. law firms that have been chosen to represent China’s Ministry of Commerce, Trade Remedy Investigation Bureau. We have also represented the Government of Sri Lanka in a CVD investigation.
GDLSK’s ADD/CVD practice is not confined to China. We represent clients in the United Kingdom, France, Canada, Germany, Italy, Turkey, India, Japan, Taiwan, UAE, Korea, Vietnam, Thailand, Sri Lanka, and Malaysia.
Recent success stories include (but are not limited to) the following decisions.
- Passenger Vehicle and Light Truck Tires (PVLT) from Vietnam – de minimis at the investigation stage
- PVLT from China – de minimis in an annual review (DOC rejected CBP allegation of fraud)
- Activated Carbon from China – de minimis in an annual review
- Steel Nails from Taiwan – de minimis at the investigation stage
- Steel Nails from Sri Lanka – de minimis at the investigation stage
- Mechanical tubing from India – rates of less than 2 percent in consecutive annual reviews