The Final Rule published by the U.S. Department of Commerce (“DOC”) on September 20, 2021, makes substantial modifications to the DOC’s regulations on scope proceedings to be conducted under antidumping and countervailing duty (“AD/CVD”) orders.  These new rules amend the scope inquiry process in a number of places, including, among others: giving the DOC discretion to self-initiate a scope inquiry; requiring more detailed information for a scope inquiry application; eliminating the informal scope inquiry procedure; establishing new time limits for the scope inquiry; and giving interested parties additional time to submit comments.  Perhaps most importantly, these new regulations accelerate the timeline for imposing provisional relief against imports believed to fall within the scope of an AD/CVD order, and permit the imposition of an AD/CVD cash deposit requirement on entries made prior to the initiation of a scope inquiry.
Continue Reading Revisions to the Department of Commerce’s Antidumping / Countervailing Duty Regulation: Scope Proceedings

As the Biden Administration settles into its second month in office some signals have emerged that have offered insights into the potential direction of US trade policy. Key trade officials, including United States Trade Representative (USTR) Katherine Tai and Commerce Secretary Gina Raimondo, have testified before the Senate as part of their confirmation processes.  The testimonies and responses of both nominees, in combination with the recently released USTR “2021 Presidential Trade Policy Agenda” report, have provided an early blueprint of the President Biden Administration’s position on current trade issues — including USMCA, potential free-trade agreements, US policy towards China, and the climate agenda – and possible new directions.

The international community has been watching these early indicators closely in order to gauge the likely track of US trade policy.   Professionals from Steptoe’s trade group who practice in major jurisdictions around the world weigh in with their take on how those jurisdictions are reacting to these early signals from the US.Continue Reading International Responses to President Biden’s Trade Policy Positions