A new Antidumping and Countervailing matter centred in the U.S. against Italian companies

The U.S. Department of Commerce has recently started an antidumping and countervailing investigation against foreign companies on imports of aluminium extrusions 15 countries are involved in this complex case, being Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the People’s Republic of China, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam. The four countries related to the countervailing petitions are Indonesia, Mexico, China, and Turkey.

The Products under Consideration

The nature of products involved comprise of aluminium extrusions, which due to the variable nature of the shapes that can be created involves both solid and hollow profiles as well as rods, pipes, bars and tubes to name but a few. Such aluminium extrusions also are often subjected a range of finishes or fabrication processes. The application for such merchandise is extensive frequently involving the construction industry, road, rail and air sectors and is used widely in engineering.

An antidumping duty investigation was initiated to establish whether Italian aluminium extrusions are being sold unfairly at undervalue on October 24 this year by the U.S. Department of Commerce. A request for information by Wednesday 8 November, through the Quantity and Value Questionnaire. All submissions require to be accompanied by a Certificate of Accuracy from the company officials. 

Antidumping and Countervailing

Antidumping refers to the practice of “unfair competition” in two areas, the first is where an overproduction of merchandise is produced in one country and then exported to another market and sold at a considerably lower price than in the country in which they were produced. The second is where products are sold from their source considerably below the cost of production.

Vincenzo Senatore, senior partner, commented “Due to the extremely small time frame the U.S. Department of Commerce has indicated that it is unlikely that an extension to the response to the Quantity and Value Questionnaire will be able to be extended.” Vincenzo further pointed out “a failure to respond or provide the information as requested may have an adverse result in that the U.S. Department of Commerce may regard such as action as a failure to cooperate and could conclude that by not cooperating to the best of your ability it may infer that your failure to cooperate may be due to the fact that it is adverse to your interests.”

The worldwide economy is experiencing unprecedented challenges arising from the recent pandemic and global conflict with companies from large conglomerates to small manufacturers struggling to maintain their position and viability. It is essential that a level playing field is maintained and attempts to skew the market with unfair competition is investigated. This complex area of law requires cross-border multi-jurisdictional expertise.

Giambrone & Partners highly regarded corporate and commercial lawyers have extensive experience in this complex area of international law. 

Vincenzo Senatore is a partner based alternately in both the London and Naples offices.

He is dually qualified Italian Avvocato (with Higher Rights of Audience) and English Solicitor and also qualified to plead before the International Criminal Court in The Hague. 

Vincenzo has several years of post-qualification experience in Civil and Common law. Vincenzo has broad experience of UK and international cross-border transactions across a variety of industry sectors as well as international corporate and criminal law. Vincenzo is a formidable litigator with a demonstrable history of bringing successful transactions to successful conclusions, providing legal support to partners and delivering strategic advice to diverse clientele.

After completing his studies as an Erasmus student at the Paris-Lodron Universität of Salzburg (A), Vincenzo graduated at the University of Naples “Federico II” (IT) and moved to the USA to gain his Master of Laws (LLM) in International Business Transactions and Trade Law at the Catholic University of America, Columbus School of Law, Washington DC.

Vincenzo has worked in the USA where, during his fellowship at the prestigious Stanford Center for Biomedical and Ethics (Stanford University), specialised in intellectual property related to human embryonic stem cells. His research was published in the prestigious peer reviewed scientific journal Nature Biotech. During that time, he passed the first test (MPRE) to become a California attorney and also became Notary Public for the State of California.

Vincenzo’s professional activities have encompassed, amongst others, being on the scientific organiser committee for the Association Internationale des Jeunes Avocats for conferences on Anglo-American Law and as speaker in webinars, lectures and conferences organised by the British Chamber of Commerce (IT), CUA, Columbus School of Law, Washington DC (USA), Lockey Stem Cells Building Research, Stanford University (USA), SKKU School of Business (Republic of Korea), and the Naples Bar Associations, as expert in Civil and Common law arena.

Vincenzo has been recently appointed to the CUA, Columbus School of Law’s Alumni Council, Washington, DC. The prestigious Alumni Council forms the governing body of Catholic Law Alumni Association, formed in 2013 to endorse and advance the values, objectives, and well-being of The Catholic University of America and Columbus School of Law. He is also member of the International Criminal Court Bar Association, the Law Society of England and Wales, the Naples Bar Association, and of the International Academy of Financial Consumers (Korea) where he is also editorial member.

If you would like assistance in the Antidumping and Countervailing investigation or would like to know more about responding to the Quantity and Value Questionnaire please contact us at clientservices@giambronelaw.com or click here.