Report Recommends Adding More Countries to NME List, More Self-Started AD/CVD Cases
Various trade-related agencies recently issued a unified report to President Donald Trump discussing a range of trade topics, including the administration of antidumping duty and countervailing duty laws, the White House announced. The administration released a summary of each section, noting that for AD/CVD laws, the report recommends adding new countries to the "list of non-market economies" and engaging in more self-initiation of new AD/CVD investigations.
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The full report hasn't been released publicly.
Nathan Rickard, partner at Picard Kentz and counsel for the Southern Shrimp Alliance, said this industry group has long advocated for Commerce to self-initiate more AD/CVD investigations, including specific requests for such action in 2022-23. Rickard said the alliance "has maintained that industries comprised of large numbers of small, family-run businesses (like the commercial shrimp fishery) are forced to expend massive resources to meet a pleading standard that has no further bearing on the federal government's evaluation" of whether unfair trade is occurring and whether imports injure the U.S. industry.
While petitions were ultimately filed for the shrimp industry in 2023 that led to new AD/CVD orders, "the industry continues to be concerned about the delay in relief and additional resources required to simply start an investigation," Rickard said.
Matt Nicely, partner at Akin Gump and counsel for AD/CVD respondents, said he doesn't know what nations the administration would consider for NME treatment. He added that the administration has "no commitment to the rule of law or past practice, so it’s impossible to know what they might do."