Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



U.S. ITC says U.S. Antidumping Duty Cases Are Down - Significantly

I attended an American Bar Association, Section of International Law, International Trade Committee event held on January 19, 2011 where 5 commissioners of the International Trade Commission (ITC) provided their annual update of the issues at the ITC. I was surprised to hear that Title VII (antidumping cases) had almost dried up in the United States and few cases are in the ITC dispute settlement pipeline.

Some in the room speculated that the reason for the decline in cases was that the imports had decreased in the economic recession. Others speculated that the cost of bringing a case was so high that manufacturers could not afford to bring cases when they needed to spend their money wisely on employment and innovation and market development.

What does this mean for businesses -quite frankly, it is a good time to consider bringing an antidumping case (unless the case is against Canada - I cannot promote such an undertaking) - the ITC is looking forward for antidumping cases to arrive. The commissioners will consider the economic issues and develop guidance for other manufacturers to consider. Who wants to go first ...

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