International Trade

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Kutak Rock’s International Trade Group focuses heavily on defending foreign manufacturers and U.S. importers in antidumping and countervailing proceedings before the U.S. Department of Commerce.

We have worked on at least 30 Chinese cases over the last five years, including proceedings in which we have acted as lead counsel for the mandatory respondents in antidumping and countervailing duty investigations, administrative reviews and new shipper reviews. Our Trade Group attorneys often have obtained zero margins for clients in the initial investigation, resulting in the exclusion of our client from the antidumping or countervailing duty orders applied to other respondents. We also have been able to secure the lowest margins among all respondents. Even in cases that result in low positive margins, our clients were able to establish themselves as the sole commercial exporter for the subject merchandise from China. For all of these clients, the imposition of an antidumping duty order actually enhanced their commercial positions in both China and the United States.

Our attorneys network with and rely upon both Chinese and U.S. trade consultants who specialize in antidumping and countervailing duty investigations. Many of these individuals are former Department of Commerce analysts and employees. We work closely with these consultants and with our Chinese clients to develop and prepare the U.S. sales listing and the factors of production data for submission to the Department of Commerce.

After China, India is our second most important source for cases. Based upon our experience and contacts in India, for purposes of surrogate values in Chinese cases, we have full access to and are adept in using the Indian Tariff code, official Indian import statistics and annual reports and financial statements from all public Indian companies. We are knowledgeable in all legal aspects of surrogate value practice and over the years have built a solid network for developing surrogate values in India from Indian lawyers, economists and accountants.