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Heller Ehrman’s international trade lawyers in DOC proceedings have achieved numerous successes for our clients. In several cases, we were able to defend de minimis dumping and countervail margins, which allowed our clients to avoid the continuing burden of orders. In many other cases, our clients obtained the lowest margins of the various foreign respondents participating in the investigation.
We also are committed to undertaking sophisticated quantitative analyses in-house to maximize defense efforts while controlling client costs. We have a team of non-lawyer specialists, including former DOC officials, who continuously run simulations on the client databases during the preparation of the responses. This approach allows our lawyers to develop the methodologies and presentations that provide the lowest possible margins. Based on these simulations, we also can advise clients much earlier in the process what to expect from the investigation and can suggest alternative approaches if the margins are commercially unacceptable.
Our experience also extends to administrative reviews. In those cases in which our clients become subject to an antidumping or countervailing duty order, we work with the client to obtain the best possible result in the annual administrative review process. We have successfully implemented administrative review strategies that allowed our clients to establish successive “zero margins” resulting in order revocations. To help our clients with antidumping review planning, we developed a proprietary software process that clients use to effectively monitor and control their ongoing dumping liabilities.
We do all of this work in-house, unlike many law firms that subcontract the heart of the legal defense work to non-lawyer consultants and others. Our belief is that lawyers cannot adequately defend the client’s interests without being completely immersed in the facts and margin methodologies. If there are key accounting or economic issues, our lawyers grapple with them until they are mastered. This approach has allowed us to pioneer new ground in the application of the antidumping law to hyperinflationary economies, to win key battles over the allocation of R&D expenses, and to craft creative approaches to the treatment of indirect expenses.
Antidumping
Countervailing Duty Proceedings
William H. Barringer
William.Barringer
@HellerEhrman.com
+1 (202) 912-2040
Christopher Dunn
Chris.Dunn
@HellerEhrman.com
+1 (202) 912-2520
James P. Durling
James.Durling
@HellerEhrman.com
+1 (202) 912-2190
Daniel L. Porter
Daniel.Porter
@HellerEhrman.com
+1 (202) 912-2001
