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    Leibowitz on Trade: Circumvention on the Rise

    Written by Lewis Leibowitz


    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, SMU Contributor

    Lewis Leibowitz

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