Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Other Trade Remedy Efforts

Just as the Steelworkers have gotten creative in their use of the 421 proceeding, we are also seeing more and more efforts made with antidumping cases. While those efforts tend to be covered in the press, there are things going on behind the scenes that are seldom mentioned. For example, once an antidumping case is finalized, it is now commonplace for companies to file Scope Determination requests. These are submissions made to the International Trade Commission asking it to determine whether the product being submitted does or does not fall within the scope of the existing dumping case and the petitioning party gets an opinion on the matter. Such an effort is a two-edged sword. The hoped for outcome is that the ITC responds by saying no, your product is not part of our case. However, the very fact of filing the Scope Determination request alerts the petitioners to your product and so allows them to seek to expand the scope of their antidumping case.

With the petroleum wax candles case, we see Commerce asking the public for comment on how to deal with novelty candles which up until now were considered excluded from the existing dumping case. Novelty candles are those in the "shape of an identifiable object or with holiday-specific design both being discernable from multiple angels." The reason for this request is the extraordinary number of scope determinations which have been requested. For more details, see http://edocket.access.gpo.gov/2009/pdf/E9-20139.pdf

Another way the domestic industry is fighting back is to go right to the importers. Since data about imported products is readily available for a price from many different sources, domestic industry has taken to writing to those parties and warning them about how they may be violating the antidumping case. This is not being done out of the goodness of the American company’s heart, but rather is really a warning. What they are really saying is if you continue to do things that we think violate the order, we will come after you.

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