Polsinelli advises on a broad range of trade law remedy actions at both the administrative and appellate levels. Polsinelli attorneys focus on each client’s distinct business imperatives when advising foreign and domestic clients. The cross-departmental team of attorneys possess deep understanding of trade law remedies and strong relationships with the investigating authorities enabling Polsinelli to guide clients through innovative legal strategies and highly tactical advocacy.

Antidumping & Countervailing Duty Investigations

Antidumping duty (AD) orders can impose significant duties on imports into the United States of products that are priced below fair value and materially injure the domestic industry producing the same or similar products. Countervailing duty (CVD) orders are designed to offset certain foreign government subsidies which similarly cause material injury to domestic producers. Polsinelli attorneys have been active in antidumping and countervailing duty cases before the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC) for more than four decades.

The team:

• Represents domestic and foreign clients in all stages of investigation and through annual and sunset reviews, scope proceedings, new shipper reviews, and appeals before the U.S. Court of International Trade (CIT), the U.S. Court of Appeals for the Federal Circuit (CAFC), and dispute settlement panels convened under the World Trade Organization (WTO) and other trade agreements.
• Advises on the availability of statutory enforcement provisions related to existing AD and CVD orders that deter circumvention of the order and prevent evasion of duties.
• Is fluent in trade remedy laws, policies, and practices of the agencies and courts administering U.S. trade remedies, experience that has resulted in significant wins at the CAFC and the first negative ITC preliminary AD/CVD vote since 2009.
• Maintains relationships with economic experts and international partners who bring extensive knowledge to this specialized area of law and commerce.
• Understands the time-sensitive nature of relief and the notoriously aggressive deadlines in antidumping and countervailing duty investigations, and can immediately mobilize essential resources to hit the ground running for our clients.
• Provides customized advice for petitioners and respondents involved with a wide variety of products, including carbon and stainless-steel products; titanium mill products; plastics and other resins; chemicals including refrigerants, herbicides and fertilizers; consumer goods including large residential washers, flat panel displays, and various food products; textile products; and pharmaceuticals.
• Views the investigation scope wholistically, with each client’s business interests in mind. We offer guidance on practical business decisions and strategies that can reduce or eliminate exposure to duties resulting from an antidumping or countervailing duty investigation.

Section 201 Global Safeguard Investigations

Section 201 offers import relief for domestic industries seriously injured or threatened by increased imports. Polsinelli attorneys are uniquely positioned to advise clients on when to utilize this special, and rarely used, statute through their history of government service and trade law knowledge, and have been involved in one of only two Section 201 investigations in the past two decades. Polsinelli attorneys help clients navigate the best course of action for their business objectives even when that means employing rarely-used statutes like Section 201. 

Section 232 Investigations

Section 232 investigations are conducted by the Department of Commerce and determine the effects of imports on national security. This statute, utilized only once in the two decades before 2017, has seen a recent resurgence with nine Section 232 investigations initiated since early 2017 – with the most notable investigations being of steel and aluminum imports. Polsinelli attorneys deliver this highly sought-after experience earned through past steel investigations and draw upon this distinct skill to benefit clients today. Polsinelli attorneys:

• Advise clients on the potential impact of Section 232 remedies, providing critical policy advice regarding trade decisions with significant business implications.
• Represent and connect clients with key individuals in Congress and government agencies, including the U.S. Trade Representative (USTR), Department of Commerce (DOC), and U.S. Customs and Border Protection (CBP).
• Guide clients through understanding the legal and political options that can achieve their commercial goals in times of market uncertainty.

Section 301 Investigations

The Office of the U.S. Trade Representative conducts Section 301 investigations that determine if the rights of U.S. persons under any trade agreement are being denied, or if an act, policy, or practice of a foreign country is unjustifiable and burdens or restricts U.S. commerce. The President and the USTR have broad authority to take remedial action when an investigation reveals that such conditions exist. This statute has become increasingly relevant as the U.S. explores alternative ways to deal with Chinese practices related to intellectual property, technology transfer, and innovation. Polsinelli attorneys:

• Advise clients on the potential impact of Section 301 remedies.
• Represent client interests with key individuals in Congress and government agencies, including the USTR, DOC, and CBP.
• Monitor domestic and foreign developments that may impact a client’s business and legal interests.