An Inside Scoop on Scopes: An Overview of the Laws and Policies Governing the Scopes of Trade Remedy Orders

Authors

Scott D. McBride

Abstract

The globalization of supply and processing chains has led to an increase in the complexity of international trade laws and the necessity for the United States Department of Commerce to provide clarity in the enforcement of trade remedy orders and procedures. It is therefore no surprise that over the past few years, Commerce has experienced a surge in requests for rulings on whether or not certain imported products are covered by the scope of antidumping and countervailing duty orders. Furthermore, Commerce has conducted several inquiries to determine if imported products which are outside the scope of an antidumping or countervailing duty order are, in fact, circumventing those orders through such means as third country processing or minor alterations. These proceedings have brought to light how important it is for domestic producers, injured by dumped or subsidized merchandise and filing a petition for a trade remedy investigation, to propose definitions of the scopes of their suggested orders that are clear, administrable, and prevent the possibility of evasion. This paper on the “Inside Scoop on Scopes” is a timely overview of the various laws and policies covering Commerce’s definition of the scopes of its trade remedy orders, its subsequent interpretation of those scopes, and its expansion of those scopes through circumvention determinations, when necessary. Furthermore, it addresses key holdings by the Court of International Trade and the Court of Appeals for the Federal Circuit with respect to these types of proceedings.

Recommended Citation

Scott D. McBride, An Inside Scoop on Scopes: An Overview of the Laws and Policies Governing the Scopes of Trade Remedy Orders, 28 U. MIA Int’l & Comp. L. Rev. 37 (2021)
Available at: https://repository.law.miami.edu/umiclr/vol28/iss1/5