That many politicians aspire to this status explains the enduring popularity of the U.S. antidumping law in Washington.
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More and more frequently, that is how and why the antidumping law is used in the United States.
Under the U.S. antidumping law, manufacturing consumers of subject imports have no legal standing to participate in the proceedings.
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Earlier this year, the Cato Institute published this paper, which describes the self-flagellating nature of the U.S. antidumping law.
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Under the U.S. antidumping law, the Commerce Department maintains considerable discretion when it comes to determining the existence and measuring the magnitude of dumping.
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In fact those downstream companies are much more likely to export and create new jobs than are the firms that turn to the antidumping law to restrict trade.
Under U.S. antidumping law, Dow Corning and all other consumers of silicon metal were forbidden from participating formally in the proceedings that lead to the imposition of the duties.
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The United States also has a Countervailing Duty law, which for 22 years up until 2007 had not been applied to imports from countries that, for purposes of the antidumping law, were deemed NMEs.
The filing of this case was a tactical maneuver by one group of domestic producers that seeks to exploit the gaping loopholes of the antidumping law to get a leg up on its domestic competition.
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In other words, because of the unique retrospective nature of the U.S. antidumping law, importers DO NOT KNOW the amount of antidumping duties they will ultimately have to pay until well after the subject products have been imported and sold in the United States.
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And before that, I was a trade policy and antidumping analyst at a few different international trade law practices in Washington, DC.
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