February 24, 2017
Partner and co-chair of the Government Relations and Public Policy practice group Paul C. Rosenthal was quoted in the Law360 article “Trade Bar Needn't Sweat Over Rise In Commerce-Led Cases.” The article discusses the possibility of the U.S. Department of Commerce reviving the dormant practice of self-initiating cases on behalf of persecuted American companies under the Trump administration. Ordinarily, companies seeking relief from their foreign competitors’ unfair trading practices file petitions with the Department of Commerce and the U.S. International Trade Commission requesting anti-dumping and countervailing duties. But U.S. law also empowers Commerce with the ability to bring a case on its own, a power the agency has not exercised for nearly three decades. “Saying you’re going to self-initiate doesn’t answer the question of ‘Based on what information?' and 'Who is going to gather that information?’” Mr. Rosenthal told Law360.
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