Tim Brightbill Discusses Bipartisan Bill That Could Strengthen AD/CVD Antidumping Laws

April 23, 2021

Timothy C. Brightbill, partner in Wiley’s International Trade Practice, provided extensive commentary for an Inside U.S. Trade article regarding the bill introduced last week by Ohio Sens. Rob Portman (R) and Sherrod Brown (D) to tighten trade remedy laws. The bill, titled “Eliminating Global Market Distortions to Protect American Jobs Act,” would address “China’s unfair trade practices” and could lead to important improvements in antidumping and countervailing duties (AD/CVD) investigations.

Mr. Brightbill discussed a number of aspects of the bill, including its provisions on cross-border subsidies geared to address China’s funding of infrastructure development in other countries, as well as a measure to codify Commerce’s current practice in investigations of currency undervaluation claims made in CVD cases.

Mr. Brightbill noted the bill “addresses a lot of needs in the trade laws,” starting with streamlining “successive and concurrent” investigations.

“For many of my clients, even while a case is going on, we will see shifts in imports from one country to another,” said Mr. Brightbill. “We'll bring a case against China, imports will decrease from China,” but there would then be “huge surges from Vietnam or Malaysia or somewhere else. I think … it will be extremely helpful to have a way to quickly address those surges from third countries.”

To read the article, click here (subscription required).