Latest Posts
Search for:
Category

Trade Remedies

Category

Asia Pacific: Vietnam to Propose Updates to Regulations On Civil Encryption Products

By and 2 Mins Read

The National Agency of Cryptography and Information Security (NACIS) is currently drafting a new Decree to amend Decree No. 58/2016/ND-CP and its amendments related to cyber information security, including the export/import of civil encryption products (referred to as the “Draft Decree”). The Draft Decree expands the scope of products subject to this regulation and imposes significantly greater monetary fines and penalties for non-compliance which will certainly result in higher scrutiny moving forward. The proposed administrative reforms…

UK Court of Appeal decision: Proceeds of Crime Act 2002 applies to criminality in global supply chains

By , and 4 Mins Read

On 27 June 2024, the UK Court of Appeal (“CA”) notably overturned a High Court decision by finding in favour of the World Uyghur Congress (“WUC”) in a case on forced labour and human rights abuses in overseas supply chains. In its decision, the CA focused on the application of the UK Proceeds of Crime Act 2002 (“POCA”) by the UK National Crime Agency (“NCA”), in particular the requirements for commencing an investigation and how the…

The Biden Administration Announces New U.S. Tariffs on Chinese Imports and Solar Products

By , and 6 Mins Read

Over the past week there has been a flurry of new U.S. trade actions that have or may impose new or increased tariffs on certain imports of Chinese merchandise and solar products. These actions are pursuant to the Biden Administration’s authority under Sections 201 and 301 of the Trade Act of 1974 and under the laws and regulations which allow for the imposition of antidumping and countervailing duties (“AD/CVD”) to address so-called unfair trade practices. …

United States: Any Port in a Storm: USTR to Investigate Chinese Shipbuilding Subsidies

By , , and 3 Mins Read

On April 22, 2024, the United States Trade Representative (USTR) announced its initiation of a Section 301 investigation into China’s acts, policies and practices in the maritime, logistics, and shipbuilding sectors. The investigation is in response to a petition filed in March by five US labor unions alleging that China engages in unreasonable or discriminatory practices that provide unfair advantages in the maritime industries. The petition cited specific conduct alleged to target the maritime, logistics,…

(Unintended) origin fraud and duty evasion: Beware of anti-circumvention investigations

By , and 3 Mins Read

Companies importing goods into the EU should be aware of a recent uptick in investigations into alleged circumvention of EU anti-dumping and/or anti-subsidy duties, and, in particular, the implications of such investigations under customs law. For context, in August 2023, the European Commission initiated three circumvention investigations, covering imports of biodiesel consigned from China, plywood consigned from Kazakhstan and Türkiye, and stainless steel consigned from Taiwan, Türkiye and Vietnam. These investigations signal a return of…

Using the WTO Trade Remedies Committees as a Forum to Resolve Trade Frictions

By , , , , and 5 Mins Read

Few companies know all the opportunities the World Trade Organization (“WTO”) offers to resolve trade-related problems or frictions. The WTO’s functioning does not depend only on its Dispute Settlement Body (“DSB”). It has several committees that can be even more powerful than the DSB. Examples are the Committee on Anti-Dumping Practices (“AD Committee”) and the Committee on Subsidies and Countervailing Measures (“SCM Committee”). This Blog explains how both offer a forum to resolve practical and…

Navigating Global Anti-Dumping Procedures: A Comparative Table of Anti-dumping Procedures in Key Jurisdictions

By , , , , , and 2 Mins Read

In the realm of international trade, the anti-dumping instrument plays a crucial role in safeguarding domestic industries against unfair trading practices. The high number of anti-dumping investigations initiated around the world, as well as an increasingly broad product scope (such as touted cases on hydrogen or electric vehicles), mean that many internationally active companies will need to be aware of anti-dumping. While World Trade Organization law sets out the general framework for municipal anti-dumping rules,…

EU Anti-dumping and Anti-subsidy Duty Enforcement: Increased Actions Against Imports from Türkiye

By , , and 3 Mins Read

Türkiye as a Target for EU Trade Remedy Measures – What Turkish Exporting Producers Should Know The European Union (EU) actively uses anti-dumping and anti-subsidy (or countervailing duty) investigations to protect the EU manufacturing industry from competition from imports. Imports from Türkiye are a prime target for these investigations: in the past 20 years, imports from Türkiye were targeted in 15 anti-dumping and anti-subsidy investigations. Five of these investigations were initiated in the last three…

China is set to review the trade remedies measures on Australia barley

By 3 Mins Read

The Ministry of Commerce of China (“MOFCOM”) initiated an antidumping and countervailing duty administrative review of Barley from Australia, effective on 14 April 2023. For all Australian barley exporters, this is an opportunity to revoke the existing antidumping and countervailing duties and resume exportation to China. Background Since 19 May 2020, Australian barley has been subject to 73.6% antidumping and 6.9% countervailing duties in China, following the original antidumping and countervailing duty investigations launched by…

EU Anti-dumping and Anti-Subsidy Duties: Increased Actions Against Imports from Indonesia

By , , and 3 Mins Read

Indonesia as a Target for EU Trade Remedy Measures – What Indonesian Exporting Producers Should Know The European Union (EU) actively uses anti-dumping and anti-subsidy (or countervailing duty) investigations to protect the EU industry. Imports from Indonesia are a prime target for these investigations. Since 2003, imports from Indonesia were targeted in 15 anti-dumping and anti-subsidy investigations, and four of these investigations were initiated in the last three years. As the Indonesian manufacturing industry continues…