UNO’s office based in Washington, DC offers consulting and advisory services to companies involved in trade disputes. Our primary practice area is providing litigation support to legal counsel representing companies involved in trade remedy proceedings conducted by the U.S. Government and other jurisdictions. We offer our clients a full range of economic consulting services tailored specifically to the complexities of trade remedy proceedings. Among the services provided are the following:
- Data collection
- Questionnaire preparation (Department of Commerce and International Trade Commission)
- Injury analysis
- Cost accounting support
- SAS (Statistical Analysis Software) capability and database preparation
- Dumping margin simulations
- Verification preparation and assistance
- Surrogate value research and analysis for non-market economy (NME) proceedings
All services offered are performed at a high level of sophistication in order to effectively position client companies for success. Complementing the services offered is the significant experience UNO has in trade remedy proceedings. Among UNO’s advisors are former U.S. Department of Commerce officials closely familiar with the decision making process of the U.S. agencies responsible for conducting trade remedy proceedings. Our advisors leverage their collective experience to quickly identify critical issues and develop strategies to address these considerations. Likewise, our significant experience in U.S. trade remedy proceedings translates to antidumping and countervailing duty matters conducted by foreign governments – most of which apply similar methodologies and reporting requirements.
Reporting requirements for trade remedy proceedings are burdensome and complicated and as a result can compromise company resources. UNO’s advisors include 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 U.S. government and other jurisdictions (Brazil, China, India, etc.). . Based on this in-depth knowledge of the verification process and our accounting expertise, UNO is able to successfully position clients for success at verification. 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.
UNO’s advisors have extensive experience in researching and selecting the appropriate surrogate countries and have access to the information sources typically used by government authorities for calculating the surrogate values. Using this information, UNO can identify the surrogate values that significantly impact the antidumping duty and develop alternative surrogate value recommendations that yield better results for the client company.
UNO provides economic analysis and support in proceedings before the U.S. International Trade Commission. Services include assisting companies complete the relevant questionnaires, aggregating the data submitted by interested parties and replicating the analysis performed by the U.S. International Trade Commission in order 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.
UNO US provides a variety of other services including but not limited to:
- Research and economic support with respect to customs matters;
- Preparation of economic studies and white papers focusing on trade issues impacting the US and the global trading system as a whole;
- Analytical support on trade policy matters.