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Trade Remedies

Advising Clients on Global Trade Investigations, Antidumping Actions, and Subsidy Disputes

 

Trade remedy law stands at the center of international economic policy, balancing domestic industry protection with global trade obligations. Governments around the world use antidumping, countervailing duty, and safeguard measures to address unfair trade practices or import surges. For businesses operating across borders, these proceedings can directly affect pricing strategies, market access, and supply chain planning.


At SJKP LLP, our Trade Remedies team provides comprehensive legal guidance on investigations, litigation, and compliance matters under U.S. and international trade regimes. We assist both petitioners and respondents in navigating complex trade investigations and related administrative and judicial proceedings.

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1. Trade Remedies


Advising Clients on Global Trade Investigations, Antidumping Actions, and Subsidy Disputes

 

Trade remedy law stands at the center of international economic policy, balancing domestic industry protection with global trade obligations. Governments around the world use antidumping, countervailing duty, and safeguard measures to address unfair trade practices or import surges. For businesses operating across borders, these proceedings can directly affect pricing strategies, market access, and supply chain planning.


At SJKP LLP, our Trade Remedies team provides comprehensive legal guidance on investigations, litigation, and compliance matters under U.S. and international trade regimes. We assist both petitioners and respondents in navigating complex trade investigations and related administrative and judicial proceedings.



2. Understanding the Framework of Trade Remedies


Clarifying Legal Mechanisms Governing Antidumping, Subsidies, and Safeguard Actions

 

Trade remedies are legal tools authorized by the World Trade Organization (WTO) and national trade laws to counter unfair trading practices. They include antidumping (AD), countervailing duty (CVD), and safeguard measures. Our lawyers help clients interpret and apply these measures in compliance with both domestic statutes and multilateral obligations.



Antidumping Investigations


Antidumping proceedings arise when imported products are sold at prices lower than their normal value in the exporter’s home market. We assist clients in analyzing cost structures, export pricing, and production methodologies to evaluate potential exposure or injury.
 

Our team prepares and submits questionnaire responses to the U.S. Department of Commerce (DOC) and represents clients before the U.S. International Trade Commission (ITC). We also help businesses evaluate the implications of constructed value methodologies, surrogate country analysis for non-market economies, and the treatment of affiliated transactions.
 

For domestic producers, we develop strategies to demonstrate material injury and causal links necessary to support a petition. For foreign respondents, we focus on reducing margins, negotiating suspension agreements, and ensuring accurate data submission to minimize duty exposure.



Countervailing Duty Proceedings


Countervailing duty (CVD) cases address allegations that foreign governments provide unfair subsidies to their producers or exporters. We advise clients on identifying programs that may constitute actionable subsidies, such as grants, tax benefits, or preferential loans.
 

Our lawyers prepare responses to DOC subsidy questionnaires, assist in verifying financial data, and develop legal arguments regarding the countervailability of benefits. We also analyze subsidy pass-through issues and evaluate the impact of privatization on prior government benefits. For domestic industries, we assist in demonstrating injury from subsidized imports and preparing petitions that meet statutory thresholds under U.S. law and WTO standards.



Safeguard and Global Trade Measures


Safeguard measures protect domestic industries from sudden import surges, regardless of whether unfair trade practices exist. We counsel clients on investigations under Section 201 of the U.S. Trade Act, as well as similar provisions in other jurisdictions.
 

Our lawyers prepare submissions to the ITC and USTR, help clients model injury causation, and develop evidence regarding increased imports and serious injury. We also coordinate with government affairs professionals to ensure that political, economic, and public policy considerations are integrated into overall strategy.



3. Complex Issues in Modern Trade Remedies


Navigating Emerging Topics Like Anti-Circumvention, Market Economy Status, and Subsidy Evaluation

 

Today’s trade remedies landscape involves far more than basic price comparisons or subsidy analysis. Investigations often include emerging topics such as anti-circumvention, currency undervaluation, and market economy determinations.
SJKP LLP provides clients with nuanced legal and economic analysis to manage these evolving risks.



Anti-Circumvention and Scope Rulings


Our lawyers help companies determine whether product modifications, assembly operations, or third-country processing might trigger anti-circumvention findings. We prepare scope ruling requests, manage DOC questionnaires, and support clients in arguing for or against inclusion of certain products within existing AD/CVD orders.
 

We also assist clients in designing compliant supply chain structures that minimize risk while maintaining operational flexibility under U.S. and global trade laws.



Non-Market Economy and Hyperinflation Issues


Investigations involving non-market economies (NMEs) often require surrogate country analysis and complex cost modeling. We assist companies in providing credible surrogate value data and challenging DOC methodologies that overstate margins.
 

In markets affected by high inflation or currency volatility, we advise clients on adjusting financial reporting and price data submissions to ensure consistency with DOC and WTO standards. Our experience includes supporting clients in both initial investigations and administrative reviews involving countries transitioning to market-based systems.



Privatization and Government-Owned Enterprises


A recurring issue in trade remedy cases is whether benefits granted to state-owned enterprises prior to privatization remain countervailable. We assist clients in documenting ownership changes, valuation, and arms-length transactions to demonstrate the extinguishment of prior subsidies.
 

We also work with economic experts to model post-privatization operations, ensuring that findings accurately reflect current market behavior rather than legacy state influence.



4. Representation Before U.S. Administrative and Judicial Bodies


Supporting Clients in Every Stage from Investigation to Appeal

 

SJKP LLP represents clients throughout all stages of trade remedy proceedings—from initial investigations to appeals before U.S. courts. We maintain familiarity with procedural rules and evidentiary requirements across agencies and judicial forums.



Department of Commerce and International Trade Commission


We advise on administrative procedures before the DOC and ITC, including questionnaire submissions, verification, and injury determinations. Our lawyers help clients prepare responses, reconcile data discrepancies, and address supplemental questions efficiently.
 

We also assist in pre-hearing and post-hearing briefings, coordinate economic expert testimony, and manage communications with agency officials to ensure that positions are clearly and accurately represented in the record.



Court of International Trade and Appellate Review


When administrative outcomes are challenged, our trade litigation team represents clients before the U.S. Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit. We prepare briefs, manage record review, and argue cases involving statutory interpretation, procedural fairness, and substantial evidence standards.
 

Our lawyers also monitor trade-related cases before the U.S. Supreme Court and other appellate bodies that may influence the interpretation of trade remedy statutes or international agreements.



Section 301, 232, and 332 Investigations


We assist clients facing investigations initiated by the Office of the U.S. Trade Representative (USTR) under Section 301, by the Department of Commerce under Section 232, and by the ITC under Section 332.
 

These proceedings often involve issues of national security, foreign trade practices, or market access barriers. Our lawyers help clients prepare comments, testimony, and data submissions that provide accurate economic and policy perspectives. We also collaborate with policy specialists to anticipate legislative or executive actions that may result from these investigations.



5. International Trade Remedy Proceedings


Advising Clients on Global Investigations and WTO-Consistent Procedures

 

Trade remedy regimes are now standardized under the WTO’s Antidumping and Subsidies Agreements, creating a framework that governs investigations globally. Our lawyers support clients in navigating investigations not only in the United States but also in jurisdictions such as the European Union, Canada, Australia, and emerging markets.



Coordination Across Jurisdictions


We coordinate cross-border defense and advocacy strategies, ensuring that responses in one jurisdiction align with global corporate policy. Our lawyers manage multinational document submissions, communicate with local counsel, and maintain consistency in data reporting and disclosure.
This approach helps clients minimize conflicting outcomes across jurisdictions and maintain compliance with multiple procedural schedules and deadlines.



Engagement with International Authorities


Our firm supports clients in consultations and reviews before the World Trade Organization (WTO) and in bilateral or regional trade mechanisms. We help companies evaluate the implications of trade defense actions brought under free trade agreements and regional trade frameworks.
When necessary, we assist in preparing amicus briefs, government-to-government communications, or submissions that contribute to shaping fair and transparent trade practices internationally.



6. Industry Coalitions and Policy Coordination


Building Collective Advocacy and Coordinating Political Strategies

 

Trade remedies often involve collective action among companies within the same industry. We help clients organize and manage coalitions that can represent shared interests effectively before administrative and legislative bodies.


Our lawyers also collaborate with public policy specialists to align legal advocacy with broader economic and diplomatic considerations.



Coalition Formation and Advocacy


We assist in forming industry groups that comply with antitrust and competition laws while presenting unified policy positions. Our team prepares joint submissions, coordinates economic studies, and manages coalition governance structures.
 

By combining legal and policy insight, we help participants present credible and coordinated positions during trade remedy investigations or legislative consultations.



Government Relations and Political Considerations


Trade remedy outcomes can be influenced by political priorities and diplomatic relationships. We work closely with government relations professionals to help clients communicate their positions effectively within these contexts.
 

Our lawyers ensure that advocacy remains consistent with statutory standards and international commitments while maintaining constructive dialogue with relevant agencies and stakeholders.



7. Risk Assessment and Strategic Planning


Proactive Compliance and Forward-Looking Trade Risk Management

 

Trade remedy compliance extends beyond responding to investigations. Companies must evaluate how pricing strategies, cost structures, and supply chain decisions may expose them to future risks.
SJKP LLP assists clients in developing forward-looking compliance strategies and internal monitoring systems to prevent disputes before they arise.



Advanced Risk Analysis


We help companies identify indicators that may trigger trade remedy actions, such as shifts in export volumes, currency fluctuations, or receipt of government incentives. Our team provides tailored risk assessments and advises on documentation practices that support transparency in international transactions.
 

By incorporating legal and economic perspectives, we help clients anticipate potential investigations and design proactive mitigation plans.



Pricing, Subsidy, and Compliance Audits


Our lawyers conduct internal audits focusing on transfer pricing, subsidy exposure, and documentation consistency. We review cost accounting systems and financial reporting processes to ensure compliance with DOC, ITC, and WTO requirements.
 

These audits help companies demonstrate good faith during investigations and minimize the likelihood of punitive duty assessments or procedural penalties.



8. Why Choose SJKP LLP for Trade Remedies Counsel


Strategic Guidance. Regulatory Clarity. Global Advocacy.

 

SJKP LLP’s Trade Remedies practice combines legal precision with policy understanding to help clients navigate trade enforcement and defense matters across multiple jurisdictions.
 

We focus on aligning compliance and business strategy, ensuring our clients can operate effectively in today’s competitive trade environment.
With a commitment to accuracy, integrity, and strategic foresight, SJKP LLP serves as a trusted partner to companies confronting complex trade challenges worldwide.


04 Nov, 2025

The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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