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Stephen Brophy

Stephen brings more than 20 years of international trade experience to Husch Blackwell. His practice focuses on trade relief and regulation, representing clients in antidumping, countervailing duty and safeguard proceedings. He has assisted clients with these and other related matters before the U.S. Department of Commerce and U.S. International Trade Commission. Stephen is also experienced with customs issues, including tariff classification, valuation and country of origin marking matters.

The U.S. International Trade Commission (“ITC”) found on October 20, 2020 that glass containers from China do not injure the U.S. industry, and thus made a negative determination in the final phase of the antidumping duty (“AD”) investigation.  The ITC’s negative AD determination follows its negative countervailing duty (“CVD”) determination that was published in the

On September 14, 2020, the U.S. Department of Commerce announced its preliminary countervailing duty determination finding that imports of prestressed concrete steel wire strand from Turkey were unfairly subsidized by the Turkish government.  Commerce preliminarily found that exporters from Turkey were subject to duties as high as 135.06%. Commerce preliminarily determined that Turkish producer Celik

On September 1, 2020 the Office of the United States Trade Representative (USTR), Department of Agriculture, and Department of Commerce issued a 32-page report outlining the Trump Administration’s plan to address increased foreign imports of perishable fruits and vegetables.  Following the public hearings held in August, the Administration published this report in hopes to open a dialogue with senior Mexican Government officials over the next 90 days regarding specific produce.

The U.S. Department of Commerce (“Commerce”) announced in a Federal Register notice that it is proposing significant changes to its antidumping and countervailing duty regulations.  The last time such sweeping changes were undertaken were in 1997 after the WTO went into effect.  Commerce is requesting comments on the proposed changes by September 14, 2020.

Among the most significant changes outlined in Commerce’s proposal are the changes to its conduct of scope proceedings, which determine whether a certain product is subject to the scope of an AD or CVD order; and to circumvention proceedings where importers are alleged to be avoiding duties, often by using components from the subject country to assemble the product in another country not subject to the relevant AD/CVD order. Currently, both types of proceedings are governed by the same set of regulations in 19 C.F.R. §351.225.  Commerce’s proposal would separate the two proceedings into unique regulatory frameworks.

On August 10, 2020, U.S. Customs & Border Protection (CBP) issued a notice that goods produced in Hong Kong will need to be marked as a product of China starting on September 25, 2020. The marking changes are the result of the July 14, 2020 Executive Order on Hong Kong Normalization that ended Hong Kong’s special trade status.

On August 7, 2020, Canada’s Deputy Prime Minister Chrystia Freeland announced that Canada will be imposing retaliatory tariffs on $2.7 billion worth of U.S. imports in response to President Trump’s decision to re-implement a 10% ad valorem tariff on non-alloyed unwrought aluminum from Canada (HTS subheading 7601.10). During a news conference Freeland stated, “We will

On April 7, 2020, the United States Trade Representative (“USTR”) issued one-year extensions for some product exclusions that were granted in April 2019.  The extensions cover eight product exclusions that were due to expire on April 18, 2020, including exclusions for roller machines for paper, aluminum pipe brackets, and instruments for measuring voltage.

Any product

In retaliation for the United States’ expansion of Section 232 tariffs in February to cover steel and aluminum derivative articles, the European Union (“EU”) will hit certain U.S.-origin imports with additional tariffs. Duties of 20 percent for lighters and 7 percent for plastic furniture fittings will apply starting May 8, 2020. An additional 4.4 percent

On December 12, 2019, the Office of the United States Trade Representative (“USTR”) announced in a Federal Register notice that they are reviewing the action taken as a result of the Large Civil Aircraft dispute with the European Union.  USTR is requesting comments on whether any products currently subject to additional duties should have those