The accepted wisdom that fewer antidumping cases are filed when the economy is strong than when it is weak is being tested by the current jobless recovery because numerous cases continue to be filed, according to Jason M. Waite, an attorney in the Washington office of the Alston & Bird LLP law firm.
But whatever the state of the recovery, Mr. Waite warned during an interview with GlobalFax last week, that foreign producers, importers, and their brokers need to be vigilant about the prices of foreign goods and need to monitor the initiation of any antidumping cases that may affect their products.
The U.S. government does not allow much time, generally about 90 days, to begin processing. In addition, exorbitant antidumping duties may be imposed against previously imported products, he said.
Mr. Waite was in Atlanta to speak at a luncheon of the Independent Freight Forwarders and Customs House Broker Association on March 9.
He said that he did not want to make any predictions about the recovery because he is not an economist, and declined to predict whether the upward trend in cases filed with the International Trade Commission and the U.S. Department of Commerce of recent years would continue.
But he cited the wide range of cases alleging foreign companies sell their goods in the United States at lower prices than those at which the same goods are sold in their home market.
As an example, he pointed to the actions taken against Brazil, China India and Thailand for allegedly dumping shrimp into the U.S.
He also pointed to cases of alleged dumping incidents filed against China for bedroom furniture; Canada for live swine; China, Mexico and South Korea for circular welded carbon quality line pipe; China and Russia for magnesium metal and Japan for outdoor engines.
"If a product is targeted in an antidumping action, affected importers or foreign manufacturers must react quickly because the first of several rounds of extensive responses to detailed sales and financial questions must be made by selected factories generally within approximately 90 days after the petition is filled," he said.
Mr. Waite may be reached at (202) 756-3455 or send an email to jwaite@alston.com.
