Antidumping and Countervailing Duties: The Nuts and Bolts
Martin is a customs and international trade lawyer admitted to practice in New Jersey, New York, and Pennsylvania, and before the U.S. District Court for the District of New Jersey and the U.S. Court of International Trade. Martin received a Bachelor of Arts degree from Rutgers University, a Master of Public Administration degree from Fairleigh Dickinson University, and a law degree from Rutgers School of Law - Newark. He is also a licensed U.S. Customs Broker, one who worked in the industry for several years.
Martin is a former U.S. Customs officer (senior inspector and import specialist), who was stationed at land, air, and seaports of entry. While with U.S. Customs at the Port of New York/Newark, he was a member of the agency's export control branch.
Martin is also a former special agent with the U.S. Department of Defense, assistant prosecutor with the Office of the Hudson County (NJ) Prosecutor, and executive with a global FMC-licensed Ocean Transportation Intermediary.
An instructor with City University of New York's Baruch College, Martin teaches international trade courses (import, export, logistics, business, and law). Martin was also an adjunct professor with the Fashion Institute of Technology and Pace University. In addition to his legal practice, Law Office of Martin K. Behr (www.behrlaw.com), he is of counsel to GRVR Attorneys LLC, a customs and international trade law group headquartered in Dallas, TX (www.exportimportlaw.com).
Antidumping (AD) occurs when foreign manufacturers sell goods in the United States less than fair value, causing injury to the U.S. industry. AD cases are company specific; the duty is calculated to bridge the gap back to fair market value.
Countervailing duties (CVD) cases are established when a foreign government provides assistance and subsidies, such as tax breaks to manufacturers that export goods to the U.S., enabling the manufacturers to sale the goods cheaper than domestic manufacturers. CVD cases are country-specific, and the duties are calculated to duplicate the value of the subsidy.
When the Department of Commerce finds that imported merchandise was sold in the U.S. at an unfairly low or subsidized price, to level the playing field for U.S. companies injured by these unfair trade practices, CBP is responsible for collecting AD/CVD in a timely manner. CBP treats AD/CVD as a Priority Trade Issue.
- Anti-dumping Duty Law
- Countervailing Duty Law
- U.S. Government Departments and Agencies Involved
- AD/CVD Process
- AD/CVD Petitions, Filing, and Chronology of Events
- Investigations and Preliminary Determinations
- Administrative Review and Liquidation
- Reimbursement Statements
- Bond Sufficiency
- AD/CVD Comprehensive Lists
- AD/CVD FAQs
- Internal Controls
- Managing Financial Exposure
- Resources and Recommendations
Course Level-Basic / Fundamental
Who Should Attend
- Importers, exporters
- Customs Brokers
- Insurance companies
- Surety companies
- Pharmaceutical companies
- Healthcare companies
- Defense contractors
- Financial companies
- Transportation providers (rail, air, ocean, trucking)
- Financial advisors
- International trade consultants
- Federal and state and local government contractors
- Warehouse operators
- Business owners
Why Should Attend
If you are a U.S. importer who fails to understand AD/CVD and fails to discern that your imported items are subject to AD and/or CVD, the imposition of truly harsh additional duties and penalties by the U.S. Government can ruin you financially, cause you to lose customers, and lead to increased examinations of your imported goods and audits of your import entries by U.S. Customs and Border Protection (CBP).
All sorts of imported products are subject to AD and CVD investigations. Some of these imported items are metal pipes, forged steel, certain pasta, glycine, washers, plastic ribbons, polyester textured yarn, magnets, steel nails and lots of other items. If you import items from the Peoples Republic of China and certain other countries, well, take heed.
You will learn the following :
- The basics of AD Law
- The basics of CV Law
- The U.S. departments and agencies involved
- Determining the imported items most frequently – and expensively – subject to AD and/or CVD
- Escape Clause/Section 201
- Understanding AD/CV Petitions
- Realizing that there are resources to help you
- How to stay clear of AD/CVD problems