In the realm of international trade, the anti-dumping instrument plays a crucial role in safeguarding domestic industries against unfair trading practices. Navigating the intricate landscape of anti-dumping procedures across various jurisdictions requires an understanding of each jurisdiction’s rules and processes. To help further that understanding, the Baker McKenzie global trade remedies team has put together a comparative table of anti-dumping procedures in five key anti-dumping jurisdictions: the European Union, the United States, Brazil, China, and Japan.

View the recorded sessions from our 2023 Virtual Global Trade Conference where international trade compliance lawyers from around the world reviewed major developments impacting international trade.

The United States is one of the most active countries in investigating so-called “unfair pricing” in the form of dumping or subsidization by foreign countries. In the past three years, the United States has initiated five investigations against imports from Brazil, having very recently initiated a case involving brass rods. Brazilian producers/exporters should be aware of the US activity in the antidumping and anti-subsidy space and, where there is a risk of such an action targeting a company’s exports from Brazil to the United States, consider taking steps to prepare in advance and implement a global trade remedies compliance, prevention, and action strategy.

Join Baker McKenzie’s Consumer Goods & Retail Industry Group for their events entitled Redefining Luxury & Fashion: What Fits in the Future? scheduled to take place in London on Tuesday, 14 March 2023 and in Paris on Thursday, 16 March 2023.

US Customs and Border Protection updated its guidance related to the new Uyghur Forced Labor Prevention Act (UFLPA) Region Alert, and announced that it will be deployed in the Automated Commercial Environment on 18 March 2023. The deployment of the UFLPA Region Alert was delayed since it was first announced by CBP in 2022.

On 5 January 2023, President Biden signed the Protecting American Intellectual Property Act into law. This law seeks to deter the theft of US intellectual property by non-US actors by threatening to impose economic sanctions on those engaged in trade secrets theft. This law adds to existing measures available under US law, such as criminal prosecution, civil lawsuits, and/or designation to a US restricted parties list such as the Entity List (maintained by the US Commerce Department’s Bureau of Industry and Security).

Our latest sustainability guide, ESG Policy Guide – The Future of Sustainability Legislation for Luxury, has been developed in collaboration with Positive Luxury, the company behind the Butterfly Mark, a unique mark awarded to luxury lifestyle brands, retailers and suppliers in recognition of their commitment and verified actions to creating a positive impact on our world. It features recent and upcoming developments in ESG legislation and policies in the US, UK and the EU and explains how these impact the luxury, fashion, and cosmetics industries.

On 9 November 2022, the US Department of Commerce revoked Russia’s market economy status for the purpose of US antidumping law. Russia’s re-designation as a non-market economy – an economy where prices are set by the government rather than through supply and demand – means that, in future antidumping cases, the DOC can use special dumping calculation methods that make it easier to impose antidumping duties, and to impose significantly higher duty rates, on imports from Russia.

Welcome to our Virtual Year-End Review of Import/Export and Trade Compliance Developments Conference resource center. Baker McKenzie’s international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine 75 minute sessions which took place from 15 to 17 November 2022.

On November 18, 2022, the US Department of Commerce (DOC) published a notice of a proposed change to its particular market situation (PMS) methodology.
Since the 2015 expansion of the DOC’s PMS authority, the DOC has been using the PMS methodology in the calculation of antidumping duty rates when it considers that there is a market distortion in the exporting country under investigation, such as the availability of low-priced energy, which reduces exporters’ costs of production.