Leibowitz on Trade: Circumvention on the Rise

An interesting feature of trade remedy law, by which I refer to as antidumping, countervailing duty, safeguards and Section 232 import “adjustments,” is alleged circumvention of these orders. Readers have asked questions about this subject, which can catch downstream users and importers unawares.

Circumvention refers to processing goods that are subject to trade restrictions (duties or quotas) in countries that are exempt from those duties or quotas, or further processing goods into products that are not subject. In trade cases, this often takes place. There is nothing unlawful about changing the condition of goods to exclude them from import restrictions—but it may be unlawful to lie about it.

Lewis Leibowitz

Lewis Leibowitz, owner of the Law Office of Lewis E. Leibowitz, practices in the areas of international trade law, customs law, and international commercial transactions. He represents clients before all federal courts and agencies dealing with international trade matters. Mr. Leibowitz advises and assists clients in diverse matters including trade remedies, customs, foreign-trade zones and free trade agreements, trade negotiations, and related matters. He can be reached at lewis.leibowitz@lellawoffice.com.