The Antidumping Defense Group formed in 2009 when three former U.S. trade officials, led by Mark B. Lehnardt, joined with a long-time trade attorney Mark D. Davis, to provide legal guidance to foreign producers, foreign exporters, and U.S. importers in antidumping proceedings in the United States. We have grown to include members in China, and continue to seek partners around the world. We are a group of independent lawyers and law firms that cooperate to provide the same level of service any international trade group in a large law firm can, but with a cost efficiency they cannot match.
Moreover, the Antidumping Defense Group includes several former U.S. government officials who know the inner workings and personalities involved at all levels of antidumping and countervailing duty proceedings in the United States. These former officials worked in the U.S. Department of Commerce, the U.S. International Trade Commission, and the U.S. Court of International Trade.
Among members of the Antidumping Defense Group, we have over 75 years of collective experience in antidumping and countervailing duty matters, having participated in more than 100 antidumping and countervailing duty proceedings related to all industries and most countries, and more than 50 judicial appeals to the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, and the Dispute Settlement Body of the World Trade Organization.
Moreover, the Antidumping Defense Group includes several former U.S. government officials who know the inner workings and personalities involved at all levels of antidumping and countervailing duty proceedings in the United States. These former officials worked in the U.S. Department of Commerce, the U.S. International Trade Commission, and the U.S. Court of International Trade.
Among members of the Antidumping Defense Group, we have over 75 years of collective experience in antidumping and countervailing duty matters, having participated in more than 100 antidumping and countervailing duty proceedings related to all industries and most countries, and more than 50 judicial appeals to the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, and the Dispute Settlement Body of the World Trade Organization.
Current Representation
We currently represent clients in proceedings under the following antidumping and countervailing duty orders and investigations:
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Aluminum Extrusions from China
Carbon Steel Coil from India Certain Lined Paper Products from India Certain Pasta from Italy Drill Pipe from China Fresh Garlic from China Hardwood & Decorative Plywood from China High Pressure Steel Cylinders from China Hot-Rolled Carbon Steel Flat Products From India Lined Paper from India |
New Pneumatic Off-the-Road Tires from China
Oil Country Tubular Goods from China Passenger Vehicle & Light Truck Tires from China Polyethylene Retail Carrier Bags from Thailand Prestressed Concrete Wire Strand from China Solar Panels from China Stainless Steel Bar from India Silica Bricks from China Utility Scale Wind Towers from China Wooden Bedroom Furniture from China |
Experience
Our combined 75+ years of experience includes proceedings under the following antidumping and countervailing duty orders and investigations and countries:
Products Countries
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Aluminum Extrusions
Ammonium Nitrate Anti-Friction Bearings Aramid Fiber Formed of Poly Para-Phenylene Terephthalamide Artist Canvas Brake Rotors Brass Sheet and Strip Carbon and Certain Alloy Steel Wire Rod Carbon Steel Flat Products Cased Pencils Cast Iron Pipe Fittings Coated Free Sheet Paper Color Negative Photographic Paper Corrosion-Resistant Carbon Steel Flat Products Cut-to-Length Carbon-Quality Steel Plate Cut-to-Length Steel Plate Fresh Garlic Gray Portland Cement and Clinker Hand Trucks Honey Hot-Rolled Carbon Steel Coil Hot-Rolled Carbon Steel Flat Products Hot-Rolled Flat-Rolled Carbon-Quality Steel Industrial Nitrocellulose Industrial Phosphoric Acid Industrial Roller Chain Iron Construction Castings Ironing Tables Kitchen Appliance Shelving & Racks Kiwifruit Knitted Sweaters Leaded Bar Lemon Juice Lined Paper |
Products Mushrooms Newsprint Pasta Polytetrafluoroethylene Off-the-Road Pneumatic Tires Oil Country Tubular Goods Petroleum Wax Candles Polyester Staple Fiber Polyethylene Retail Carrier Bags Polyethylene Terephthalate Film Sheet & Strip Raspberries Shrimp Silicon Metal Sodium Nitrite Solid Urea Sparklers Stainless Steel Bar Stainless Steel Butt-Weld Pipe Fittings Stainless Steel Plate Stainless Steel Plate in Coils Standard Steel Fasteners Steel Concrete Reinforcing Bars Steel Nails Steel Rails Steel Wire Garment Hangers Sulfanilic Acid Tapered Roller Bearings Televisions Welded Steel Pipe Wooden Bedroom Furniture |
Argentina
Belgium Canada Chile China Ecuador Finland Germany India Indonesia Italy Japan Korea Malaysia Mexico Moldova New Zealand Netherlands Russia Sweden Taiwan Thailand Trinidad & Tobago Turkey Ukraine United Kingdom Vietnam |
Strategy & Planning
Strategy: We offer our clients first‑quality representation, both in the Department of Commerce dumping investigation and in the International Trade Commission's injury determination. In a dumping case, each of those U.S. government agencies must make an affirmative determination in order for antidumping duties to be found. First, the International Trade Commission must find that the imports have caused injury to the U.S. industry that produces the same product. Second, the Department of Commerce must find that the exporters who it is investigating have sold product in the United States at unfairly low prices (dumped prices). A dumping margin of less than 2 percent is considered to be the same as no dumping. If either the International Trade Commission finds injury or the Department of Commerce finds dumping at below 2 percent, the case will terminate and no duties will be imposed.
International Trade Commission: Foreign producers, foreign exporters, and U.S. importers may contest the existence of injury before the International Trade Commission (also called the ITC). There are two phases to this inquiry, a very short preliminary phase followed by a more in-depth phase that takes place toward the end of the Commerce investigation. The question of injury is examined by requesting questionnaire responses from U.S. and Chinese producers and exporters and from U.S. consumers and importers. The questionnaires look at U.S. pricing trends, employment levels, market share, profitability, capacity utilization, and the like. Parties may also discuss other public information that indicates the health of the U.S. industry and the impact of the imports.
All countries in the investigation are treated together for purposes of injury. Thus Chinese companies normally participate in a joint representation with counsel for other companies and other countries in order to pool their resources in presenting a unified defense.
Department of Commerce: There are two types of representations before the Department of Commerce, namely, for mandatory respondents and for separate rates companies in cases involving China or Vietnam.
We are well-positioned to represent mandatory respondents. We have done many antidumping investigations and administrative reviews, and can guide the company on how to report (1) the U.S. sales and expenses and (2) the domestic market sales and expense (or, in cases involving China or Vietnam, the manufacturer's factors of production). Also for cases involving China and Vietnam, we are also well-acquainted with the Department of Commerce's surrogate sources and methodologies, and can challenge the surrogates where necessary.
Most exporters will not be selected to participate in the investigation as mandatory respondents. However, when a proceeding involves China or Vietnam, every exporter who wishes to continue to sell in the United States must submit a separate rates application. We were involved in the very first proceeding under the new separate rates procedure. We can readily identify the documents and other evidence needed to make a successful separate rates application and avoid the high China-wide or Vietnam-wide rate that will be imposed on companies that do not submit a successful application for separate rates.
Action Plan: Upon being hired we will immediately undertake an on‑site visit by one of our lawyers to explain the process and begin preparations. We would also immediately begin consultation in Washington D.C. with counsel for other companies and countries to plan for the joint ITC defense. At this stage, it is not known who the mandatory respondents will be at the Department of Commerce. If good export data is available it may be able to predict quite accurately who will be selected. For all companies, we would begin to collect separate rates documents and prepare the separate rates application. If a company has sufficient export quantity relative to the total U.S. export volume that it will likely be a mandatory respondent, then we would also begin main investigation preparation as well. Once the mandatory companies are announced, we will assist non‑mandatory clients to plan strategically for the first review.
We have the expertise necessary to provide you with advice and guidance for your particular situation. We will assist you in obtaining the lowest antidumping duties possible given your specific pricing and sales experience. With the Antidumping Defense Group, you find expert assistance in U.S. antidumping proceedings, and cost effective antidumping strategies.
International Trade Commission: Foreign producers, foreign exporters, and U.S. importers may contest the existence of injury before the International Trade Commission (also called the ITC). There are two phases to this inquiry, a very short preliminary phase followed by a more in-depth phase that takes place toward the end of the Commerce investigation. The question of injury is examined by requesting questionnaire responses from U.S. and Chinese producers and exporters and from U.S. consumers and importers. The questionnaires look at U.S. pricing trends, employment levels, market share, profitability, capacity utilization, and the like. Parties may also discuss other public information that indicates the health of the U.S. industry and the impact of the imports.
All countries in the investigation are treated together for purposes of injury. Thus Chinese companies normally participate in a joint representation with counsel for other companies and other countries in order to pool their resources in presenting a unified defense.
Department of Commerce: There are two types of representations before the Department of Commerce, namely, for mandatory respondents and for separate rates companies in cases involving China or Vietnam.
We are well-positioned to represent mandatory respondents. We have done many antidumping investigations and administrative reviews, and can guide the company on how to report (1) the U.S. sales and expenses and (2) the domestic market sales and expense (or, in cases involving China or Vietnam, the manufacturer's factors of production). Also for cases involving China and Vietnam, we are also well-acquainted with the Department of Commerce's surrogate sources and methodologies, and can challenge the surrogates where necessary.
Most exporters will not be selected to participate in the investigation as mandatory respondents. However, when a proceeding involves China or Vietnam, every exporter who wishes to continue to sell in the United States must submit a separate rates application. We were involved in the very first proceeding under the new separate rates procedure. We can readily identify the documents and other evidence needed to make a successful separate rates application and avoid the high China-wide or Vietnam-wide rate that will be imposed on companies that do not submit a successful application for separate rates.
Action Plan: Upon being hired we will immediately undertake an on‑site visit by one of our lawyers to explain the process and begin preparations. We would also immediately begin consultation in Washington D.C. with counsel for other companies and countries to plan for the joint ITC defense. At this stage, it is not known who the mandatory respondents will be at the Department of Commerce. If good export data is available it may be able to predict quite accurately who will be selected. For all companies, we would begin to collect separate rates documents and prepare the separate rates application. If a company has sufficient export quantity relative to the total U.S. export volume that it will likely be a mandatory respondent, then we would also begin main investigation preparation as well. Once the mandatory companies are announced, we will assist non‑mandatory clients to plan strategically for the first review.
We have the expertise necessary to provide you with advice and guidance for your particular situation. We will assist you in obtaining the lowest antidumping duties possible given your specific pricing and sales experience. With the Antidumping Defense Group, you find expert assistance in U.S. antidumping proceedings, and cost effective antidumping strategies.