Akin Gump Lawyers Return to Author ‘USA’ Chapter for Int’l Trade Law Review

Akin Gump international trade partner Matt Nicely, counsel Devin Sikes and Julia Eppard and associate Brandon Custard have again written the USA chapter for The International Trade Law Review, now in its eighth edition. The chapter focuses on the frameworks of U.S. trade remedy law and recent relevant developments.

The authors begin with an overview of trade remedies, then discuss the legal framework for trade remedies, such as anti-dumping (AD) and countervailing duty (CVD) proceedings, reviewing Section 201 of the Trade Act of 1974, Section 232 of the Trade Expansion Act of 1962, and Section 301 of the Trade Act of 1974; the treaty framework supporting enforcement of these laws; recent changes; significant legal developments, including those related to Russia’s invasion of Ukraine, scope and circumvention inquiries, and the COVID pandemic; and trade disputes.

They close by noting, “The number of AD and CVD proceedings before [Department of] Commerce and the [International Trade] Commission is likely to increase as governments take measures to restore economies following the COVID-19 pandemic. Several key issues involving safeguard investigations, Section 232 investigations, and Section 301 measures pending before the [Court of International Trade] and Federal Circuit will structure the availability of trade remedies outside of the more traditional and common AD and CVD laws. Ultimately, the future of international trade law will be shaped in large part by the trade policy of the Biden administration, including the enforcement actions that it pursues against articles imported into the United States and the unfair acts, policies and practices implemented by foreign governments.”

To read the full chapter, click here.