Washington, D.C., partner Doug Heffner was quoted in a Law360 article, titled, “7 Tips For Beating Back Tariff Relief Claims At DOC, ITC.”

The article discussed substantive and procedural best practices to help foreign manufacturers and their allied importers ward off anti-dumping and countervailing duty claims.

Under the tip “Be Active, or Else,” Doug noted, “if Commerce deems a named respondent to be uncooperative, it can invoke the so-called adverse facts available method of duty application, often choosing to institute the lofty margins laid out in the domestic producer’s petition.”

He continued, “Commerce has a very big stick.  If companies do not cooperate, Commerce is going to use that stick by imposing sometimes enormous anti-dumping and countervailing duties. Companies should understand that they cannot game the system.  If they do, Commerce is likely going to make an example of them, which may mean that the company will no longer have access to the U.S. market.”

Lastly, Doug said that “since Commerce’s probes involve responses to length and detailed questionnaires, companies can often view certain requests from the agency as “trivial,” but that it is the job of attorneys to make sure that the company take them seriously, lest the AFA hammer come down.”

Doug also commented on tips, “Be Creative” and “If Some Duties Stand, Be Prepared.”

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