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Practice Areas

Legislative Update: Duty Evasion, Port Transportation

Wednesday, August 29, 2018
Sandler, Travis & Rosenberg Trade Report

Duty Evasion. The Play by the Rules Act (S. 3379, introduced Aug. 23 by Sen. Baldwin, D-Wis.) aims to address the “sophisticated and government-backed effort” by China to circumvent U.S. antidumping and countervailing duties by providing the Department of Commerce with additional flexibility when reviewing anti-circumvention petitions filed against non-market economy countries like China. A press release from Baldwin’s office asserts that China closely monitors U.S. AD and CV duty cases as they progress and alters its products slightly to get around the duties, “violating the spirit of the law, if not the letter.” The press release notes that almost 70 percent of all the anti-circumvention petitions ever filed for minor alterations are against China.

Port Transportation. The Senate Commerce Committee reported out Aug. 20 a bill (S. 3273, introduced July 25 by Sen. Wicker, R-Miss.) that seeks to improve the safety, efficiency, and reliability of the movement of goods through ports and intermodal connections to ports.

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