Reporting requirements for trade remedy proceedings are burdensome and complicated and as a result can compromise company resources. UNO’s advisors include lawyers, economists, accountants and programmers experienced in assisting clients in identifying and extracting the relevant data from company records and systems to be reported to the government authority. Our advisors have experience with SAP and other accounting software and can provide immediate on-site assistance with extracting the necessary sales and cost data. This information is thoroughly analyzed by UNO prior to submission in order to identify any errors and isolate any data related matters that may have a significant impact on the antidumping or countervailing duty results.
Information submitted in response to questionnaires issued by government authorities must conform to the requisite reporting requirements. UNO’s advisors are highly experienced in presenting the required data such that it is consistent with these reporting requirements and preferred methodologies used by the government authority. This information is efficiently and quickly processed by UNO’s team in order to meet the demanding and expedited schedule of trade remedy proceedings.
Success in trade remedy proceedings is ultimately defined by the antidumping duty or countervailing duty rate calculated by the government authority. UNO’s advisors and its SAS programming professionals have substantial experience with the calculation methodologies relied on by various jurisdictions including the United States, Brazil, China, India, Colombia, Chile and Argentina and, therefore, are able to quickly and accurately estimate the antidumping duty or countervailing duty subsidy rate based on the information submitted to the government authority. Areas of analysis with respect to antidumping duty proceedings include:
- Differential Pricing (Targeted Dumping) / Price Comparison Method;
- Below Cost Test;
- Arm’s-Length Test;
- Product Model Matching;
- Economic Analysis and Support in Injury Determinations.
UNO closely scrutinizes each of these components of the antidumping duty margin calculation in order to identify the issues of importance at the outset of the proceeding and allow for sufficient time to develop argumentation. The ability to identify and isolate issues critical to success early provides clients a competitive advantage given the expedited and demanding schedule of trade remedy proceedings. With respect to U.S. trade remedy proceedings, UNO’s in-house computer programmers utilize the same SAS programming language used by the U.S. Department of Commerce in order to accurately estimate the potential antidumping duties and issues of concern.
UNO’s advisors are also experienced and familiar with country-specific subsidy programs typically investigated by government authorities in countervailing duty proceedings. Based on this in-depth knowledge, UNO is able to quickly and accurately determine whether alleged subsidy programs are countervailable and estimate the subsidy rate.
On-site verification of the submitted information is a critical component of antidumping and countervailing duty proceedings. Failure to properly support the submitted information with company records and reconcile the data to company accounting records may lead to the application of “facts available” that increase the final antidumping or countervailing applied by the government authority.
UNO’s advisors have participated in numerous on-site verifications conducted by the Brazilian and the U.S. government and other jurisdictions. Based on this in-depth knowledge of the verification process and our accounting expertise, UNO is able to successfully position clients for success. In addition to being present at the actual verification, UNO’s advisors work with the client prior to verification to review and prepare the information to be presented. This preparatory process is also important for identifying and addressing any issues that may be of concern to the government verifiers.
Surrogate values are an integral part of antidumping duty proceedings involving non-market economies (NME) such as China and Vietnam. The selection of the surrogate country and the sources within each country to calculate the normal value are often the most significant component in determining the antidumping duty. UNO’s advisors have extensive experience in researching and selecting adequate surrogate countries for each investigation and methodologies for normal value which reflect market prices. UNO has access to the information sources typically used by government authorities for calculating the surrogate values including trade statistic databases. Using this information, UNO can identify the surrogate values that significantly impact the antidumping duty and develop alternative surrogate value recommendations that yield better and more adequate results for the client company.
UNO provides economic analysis and support in proceedings before the U.S. International Trade Commission and the Brazilian Trade Remedies Department (DECOM). In addition, UNO’s advisors have participated in other jurisdictions, such as the Argentinian National Committee of Foreign Trade (CNCE), the Chilean National Commission, the Colombian Foreign Trade Council and the Turkey Ministry of Economy (MoE). Services offered include the aggregation and analysis of the data submitted by interested parties for purposes of determining whether injury or a threat of injury to the domestic industry due to import competition exists. UNO’s advisors are experienced in identifying and analyzing this information within the context of these proceedings and the factors typically taken into account by trade authorities in trade remedies proceedings. Based on this experience, UNO’s advisors assist clients and their legal counsel to develop and support argumentation on injury issues.
In U.S. trade remedy investigations, companies are required to provide information from a prior time period and, therefore, are essentially dealt a set of facts and must address the situation over the course of the investigation. In the subsequent administrative reviews, companies have a higher degree of control with respect to its dumping margin. UNO’s advisors have experience in establishing price monitoring systems which, if fully implemented, serve to minimize dumping duty liabilities going forward.
Brazilian investigations of non-preferential origin aims to identify companies exporting to Brazil using false statements of origin for purposes of avoiding trade remedy measures. In these investigations, the International Negotiations Department (DEINT) verifies if the exporting country actually produced the product under investigation. UNO’s advisors assist clients in preparing the necessary technical documents and communicating with the authorities in charge of these investigations, aiming to support that the products subject to the antidumping measures were or not produced by the stated country of origin.
Public interest investigations are conducted by the Brazilian Technical Group of Evaluation of Public Interest (GTIP) in which the impact of trade remedy measures are evaluated with respect to economic considerations. Based on its analysis, GTIP will decide to decrease or suspend antidumping and countervailing duties or approve price undertakings. These investigations can be initiated at any time during trade remedy proceedings and – beginning in 2017 – are mandatory in sunset reviews. UNO’s advisors are experienced professionals in trade remedies and are well prepared for strategically advising clients in GTIP investigations through legal and economic analysis.
- Assessment of Scope;
- Changed Circumstances;
- Sunset Review;
- New Producers or Exporters (New Shipper);
- Refund of overpaid anti-dumping duties.