Representative Cases
Over the past thirty years, we have represented both corporate and government clients in a wide variety of industries in cases involving allegations of unfair pricing (antidumping or AD) and of unfair subsidization (countervailing or CVD). In several investigations, we have successfully convinced the U.S. International Trade Commission that foreign imports are not injuring their competitors in the US, thus ending the entire proceeding at an early stage. In other cases, we have succeeded in obtaining zero or very low dumping margins or CVD rates for our clients.
Where our clients have been burdened by an existing dumping or CVD order, we have also succeeded in obtaining lower duties or zero duties in reviews of the orders, or in the “sunsetting” (termination) of such orders. We have represented clients accused by their US competitors of improperly "circumventing" existing dumping orders, successfully avoiding any additional duties for our clients.
Some examples of the antidumping cases on which we have worked are:
Steel pipes and tubes from India - Represented the entire Indian industry in an antidumping proceeding; 2 companies were found not to be dumping and one company received small margins.
Electro-mechanical digital counters from Brazil – Represented the sole Brazilian producer and succeed in obtaining a finding of no injury from the U.S. International Trade Commission, resulting in the dismissal of the case.
Phthalic anhydride from Israel – Represented the sole Israeli exporter, found not to be dumping.
Castings from India - Represented entire industry in India; only one company was found to be dumping, with very low margins; the case was successfully appealed to the courts, eliminating the dumping margin and leading to a finding of no dumping. A few years later, a second petition was filed against the same companies, and again no dumping was found.
PET Resin from India - Represented Polyethylene Terephthalate resin exporter in antidumping investigation; No injury was found and the case was dismissed.
Frozen Raspberries from Chile - Represented major exporters in Chile in antidumping reviews and succeeded in reducing dumping duties to zero or de minimis. Ultimately, the case was sunsetted, resulting in the removal of the dumping order.
Potassium Chloride (Potash) from Israel – Represented the sole producer and exporter in Israel; no dumping was found.
Tomatoes from Canada - Represented all producers and exporters in Ontario. Of the five exporters investigated, four were found not to be dumping; the other received very low margins. No injury was ultimately found and the proceeding was dismissed.
Paprika Oleoresin from India - Represented the entire Indian industry; successfully convinced the U.S. International Trade Commission to find “no injury” at the earliest possible preliminary phase and to end the investigation.
Some examples of the CVD cases on which we have worked are:
Fittings from India and Fittings from Israel – Only low levels of subsidization were found; no injury was found, ending the proceedings.
Live Swine from Canada - Represented all Canadian producers; subsidies found, but worked with client and governments to eventually successfully position the proceedings for one of the first “sunset reviews”, resulting in termination of the order. In a later case, successfully represented a Canadian provincial government; only low levels of subsidization were found and no injury.
Live Cattle from Canada - Represented two Canadian provincial governments; only de minimis subsidies found and the investigation was terminated.
Durum and Hard Red Spring Wheat from Canada - Represented a Canadian provincial government; low level of subsidization found; ultimately no injury was found, ending the proceedings.
Cut Flowers from Israel – No injury was found, ending the proceedings.
Softwood Lumber from Canada – Represented two Canadian provincial governments; through NAFTA litigation, initial findings of high levels of subsidies were overturned.
Cold-Rolled Steel from Canada – No injury was found, ending the proceedings.
Wire Ropes from Israel - Israel was excluded at the preliminary injury stage. This was a landmark decision as the favorable result was achieved by invoking legislation which could be applied only to Israel. This had never been done before.
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