Antidumping and Countervailing Duties: The Nuts and Bolts

Antidumping (AD) occurs when foreign manufacturers sell goods in the United States less than fair value, causing injury to the U.S. industry. AD cases are company specific; the duty is calculated to bridge the gap back to fair market value.

Countervailing duties (CVD) cases are established when a foreign government provides assistance and subsidies, such as tax breaks to manufacturers that export goods to the U.S., enabling the manufacturers to sale the goods cheaper than domestic manufacturers. CVD cases are country-specific, and the duties are calculated to duplicate the value of the subsidy.

When the Department of Commerce finds that imported merchandise was sold in the U.S. at an unfairly low or subsidized price, to level the playing field for U.S. companies injured by these unfair trade practices, CBP is responsible for collecting AD/CVD in a timely manner. CBP treats AD/CVD as a Priority Trade Issue.

Webinar Nov 11 2025, Tuesday 01:00 PM EDT 90 Minutes Basic Level Code: GRC0000158

Anti-dumping Duty Law
Countervailing Duty Law
U.S. Government Departments and Agencies Involved
AD/CVD Process
AD/CVD Petitions, Filing, and Chronology of Events
Investigations and Preliminary Determinations
Administrative Review and Liquidation
Reimbursement Statements
Bond Sufficiency
Injunctions
AD/CVD Comprehensive Lists
AD/CVD FAQs
Internal Controls
Managing Financial Exposure
Resources and Recommendations

Importers, exporters
Customs Brokers
Insurance companies
Surety companies
Pharmaceutical companies
Healthcare companies
Defense contractors
Financial companies
Banks
Transportation providers (rail, air, ocean, trucking)
legal
Paralegals
Manufacturers
Investigators
Accountants
CPAs
Financial advisors
International trade consultants
Federal and state and local government contractors
Warehouse operators
Business owners
CEOs
CFOs

If you are a U.S. importer who fails to understand AD/CVD and fails to discern that your imported items are subject to AD and/or CVD, the imposition of truly harsh additional duties and penalties by the U.S. Government can ruin you financially, cause you to lose customers, and lead to increased examinations of your imported goods and audits of your import entries by U.S. Customs and Border Protection (CBP).

All sorts of imported products are subject to AD and CVD investigations. Some of these imported items are metal pipes, forged steel, certain pasta, glycine, washers, plastic ribbons, polyester textured yarn, magnets, steel nails and lots of other items. If you import items from the Peoples Republic of China and certain other countries, well, take heed.

You will learn the following :

The basics of AD Law
The basics of CV Law
The U.S. departments and agencies involved
Determining the imported items most frequently – and expensively – subject to AD and/or CVD
Escape Clause/Section 201
Understanding AD/CV Petitions
Realizing that there are resources to help you
How to stay clear of AD/CVD problems

MARTIN KEN BEHR
MARTIN KEN BEHR

Martin is a customs and international trade lawyer admitted to practice in New Jersey, New York and Pennsylvania, and before the U.S. District Court for the District of New Jersey and the U.S. Court of International Trade. Martin received a Bachelor of Arts degree from Rutgers University, a Master of Public Administration degree from Fairleigh Dickinson University, and a law degree from Rutgers School of Law - Newark. He is also a licensed U.S. Customs Broker, one who worked in the industry for several years. Martin is a former U.S. Customs officer (senior inspector and import specialist), who was stationed at land, air, and seaports of entry. While with U.S. Customs at the Port of New York/Newark, he was a member of the agency's export control branch. Martin is also a former special agent with the U.S. Department of Defense, assistant prosecutor with the Office of the Hudson County (NJ) Prosecutor, and executive with a global FMC-licensed Ocean Transportation Intermediary. An instructor with City University of New York's Baruch College, Martin teaches international trade courses (import, export, logistics, business, and law). Martin was also an adjunct professor with the Fashion Institute of Technology and Pace University. In addition to his legal practice, Law Office of Martin K. Behr (www.behrlaw.com), he is of counsel to GRVR Attorneys LLC, a customs and international trade law group headquartered in Dallas, TX (www.exportimportlaw.com).

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