DJ Trade Law

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Dennis James, Jr. successfully defended an Indian exporter against claims by its US competitors that the Indian company had knowingly and repeatedly acted to "circumvent" a US antidumping duty order against a chemical product exported from China. His client was the only company to be completely exonerated by the US agency conducting this investigation, allowing it to continue to ship to US customers without any additional duties.

Increasing numbers of US antidumping and countervailing duty orders have been issued in recent years, often assessing large duties on Chinese exports to the US. In response, exports of the same products may increase from third countries. US producers hire investigators seeking to uncover evidence that these new exports are actually of Chinese origin. US producers then allege their foreign competitors are attempting to evade duties or "circumvent" the orders, and seek an investigation by the US government, and penalties on the shippers. The results of such "anticircumvention" proceedings can be very disruptive to an exporter's US sales.

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