Foreign and Domestic Representation
AMS TRADE advises on a broad range of trade law remedy actions at both the administrative and appellate levels. Our firm represents foreign and domestic clients and is valued for maintaining focus on and momentum regarding each client’s distinct business imperatives in addition to superior legal solutions and formidable advocacy. Our multi-faceted understanding of trade law remedies and our strong relationships with the investigating authorities enable us to guide clients through innovative legal strategies and highly tactical advocacy. Notably, our firm has been involved in some of the most ground-breaking trade law investigations of past decades.
Antidumping and Countervailing Duty Investigations
Antidumping 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 orders are designed to offset certain foreign government subsidies which similarly cause material injury to domestic producers. AMS TRADE has been active in antidumping and countervailing duty cases before the U.S. Department of Commerce and U.S. International Trade Commission for more than four decades. Our 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, the U.S. Court of Appeals for the Federal Circuit, and dispute settlement panels convened under the World Trade Organization 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 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, such as large residential washers, carbon and stainless-steel products, titanium sponge, flat panel displays, aramid fiber, industrial rayon yarn, antifriction bearings, chemicals, television receivers, pharmaceuticals, polypropylene fibers, bricks, consumer goods, textile products, and fresh cut flowers, among others.
- 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. The firm’s history of government service and trade law knowledge uniquely positions us to advise clients when to utilize this special statute. We:
- Help clients navigate the best course of action for their business objectives, including the application of rarely-used trade statutes (such as Section 201), when applicable.
- Have successfully represented clients in one of only two rare Section 201 investigations before the ITC since 2001.
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 – most notably of steel and aluminum. AMS TRADE delivers this highly sought-after experience earned through past steel investigations, and we draw upon this distinct skill to benefit clients today. We:
- 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, Department of Commerce, and U.S. Customs and Border Protection.
- 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. 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. We:
- 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 Customs.
- Monitor domestic and foreign developments that may impact a client’s business and legal interests.