Kenneth J. Pierce

Willkie Farr & Gallagher LLP

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Recently by Kenneth J. Pierce

Enjoin The Byrd Amendment

Since its enactment in October 2000, the Continued Dumping and Subsidy Offset Act (a.k.a. the 'Byrd Amendment') has been the target of remonstration because it pays private parties federal taxes collected on imported goods.The payouts violate U.S. international obligations not to restrain trade...

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The New Big Thing In Trade Law: Post-Order Antidumping And Countervailing Duty Settlements

There is a new trade-law game in Washington: post-order antidumping (AD) and countervailing duty (CVD) settlements. Over the last 35 years, "settlements" have traditionally been confined to pre-order suspension agreements under 19 U.S.C. 1671c and 1673c. Settlement after an order has been imposed...

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For Agriculture And Aquaculture Imports, U.S. Antidumping Laws Are Now More Onerous Than Ever

America's awful antidumping ("AD") law has just gotten worse.A controversial new AD bonding requirement issued by the U.S. Bureau of Customs and Border Protection ("CBP") makes the law more onerous for agriculture and aquaculture imports.For even a single entry of these products, in addition to...

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Worse Than Zero-Sum Trading: How U.S. Discretionary Administration Of The Dumping Laws Takes Away The Benefits Of Free Trade Agreements

The Bush Administration has been engaged in a substantial campaign to negotiate new agreements that are intended to liberalize global trade. While multilateral negotiations in the Doha Round that would affect trade among all nations are bogged down in disputes over agricultural subsidies and...

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