PLAY RECORDING

Overview:

The enforcement and compliance landscapes for antidumping and countervailing duties continue to heighten as the number of cases and petitions filed against foreign importers continues to grow. Key issues include the U.S. Customs and Border Protection’s (CBP) increased number of requests for information and notice of actions to foreign importers, the potential expansion of Enforce and Protect Act (EAPA) authority to deter AD/CVD evasion as well as other foreign trade concerns.

With these and other anticipated changes under the Biden administration, it becomes more important for businesses and their counsel to keep pace with the trends and developments in antidumping and countervailing duties. Structuring an advanced compliance program and realigning their practices with the current AD/CVD due diligence practices can be effective in avoiding unintended missteps and ensuring sound compliance.

Join international trade and customs law expert John Peterson (Neville Peterson LLP) as he provides a thorough discussion of today’s AD/CVD compliance issues. He will guide you through the current trends, developments, and legal challenges. John will also offer up best practices in managing compliance risks.

Some of the major topics that will be covered in this course are:

  • AD/CVD Trends and Developments
  • Anticipated Legislative and Regulatory Changes Under Biden
  • Red Flags and Other Challenges
  • Practical Compliance Tips and Strategies
  • Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

Live Webcast

 

Prerequisite:

General Knowledge of antidumping and countervailing laws

 

Course Code:

148867

 

NY Category of CLE Credit:

Area of Professional Practice

 

Total Credit:

1.0 CLE


How to Claim CLE Credits Per State:

https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker:

John Peterson, Partner
Neville Peterson LLP

John Peterson has practiced international trade and Customs law since 1977, and has enjoyed every minute of it. His practice embraces all phases of trade law, from counseling and import planning, to representation of clients before government agencies, and litigation in United States and foreign courts. Each new engagement allows him to learn about different industries, products, technologies and people. Whether the practice of law takes him to a high rise office tower in Asia, a factory on a Caribbean Island, or the control room of the Trans-Alaska pipeline, he relishes the opportunity to help clients solve problems and improve their operation.

John regularly represents foreign and domestic clients before United States Customs and Border Protection, the United States International Trade Commission, the United States Department of Commerce, the Foreign Trade Zones Board the Office of United States Trade Representative, the Bureau of Industry and Security, and the Departments of State and Treasury. He also assists clients with issues arising before foreign Customs authorities and international organizations, including the World Trade Organization and the World Customs Organization.

He has litigated hundreds of cases before United States courts, especially the United States Court of International Trade and United States Court of Appeals for the Federal Circuit, and has also argued cases in the courts of several foreign countries.

John has extensive experience in antidumping and countervailing duty matters, export controls and protection of intellectual property rights in international trade. He has served as a United States Panelist under Chapter 19 of the North American Free Trade Agreement, has written scholarly articles published in the United States and abroad, and is a frequent speaker on customs and trade topics.

He is married and has a son.

Proving that his enthusiasm for difficult but heroic causes is not limited to the courtroom, John can often be found rooting enthusiastically for the New York Mets, Fordham University basketball and Arsenal Football Club.

Agenda:

John Peterson, Partner

Neville Peterson LLP

  • There is an ever-growing number of antidumping and countervailing duty orders in effect. Before importing, companies need to review orders in effect, and particularly the scope language in these orders.
  • Increasingly, foreign manufacturers and exporters are unwilling to comply with onerous Commerce Department demands for information. As a result, in about half of all cases, instead of imposing dumping or countervailing duties based on a measurement of producers' data, Commerce issues margins' based on "Adverse Facts Available" (AFA).
  • AFA rates often measure several hundred percent of the value of an imported good. They can be ruinous to the unwary importer. The trend to high rates accelerated after a 2015 change to the law which said that, in determining AFA rates, Commerce no longer had to try to measure the "commercial reality" of the foreign producer or exporter.
  • If a company continues to import goods in the face of an AD/CVD order, it is in many ways at the mercy of its supplier's deciding to continue cooperating with the Commerce Department in annual review of the order.
  • The US is almost unique in having a "retrospective" system for determining antidumping and countervailing duties. This means that an importer may not know its ultimate AD/CVD liability for years after entry is made. Increasingly, the US is being accused of "antidumping abuse".
  • Dirty Little Secret: The government does very little to collect unpaid AD/CVD duties. There is a multi-billion dollar pool of such uncollected duties. Why the government does not pursue collection more aggressively is unclear, but may be related to the optics of driving many small companies into bankruptcy.

Date & Time:

Friday, August 27, 2021

3:00 pm to 4:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Chief Compliance Officers
  • Import Compliance Counsel
  • Import Control Consultants
  • Import Managers
  • In-House Counsel
  • International Trade Lawyers
  • Supply Chain Officers
  • Procurement Directors
  • C-Suite Executives
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SPEAKER

John PetersonPartner
Neville Peterson LLP

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