Matt Nicely Quoted by Law360 on Commerce’s New Countervailable Rule

Law360 has quoted Akin international trade partner Matt Nicely in its article “Foreign Subsidy Rule Muddles 'Countervailable' Meaning.” The article discusses the uncertainty surrounding the definition of "countervailable" subsidies in the U.S. Department of Commerce’s new rule and how third-party governments will be included in duty probes.

According to the article, Commerce has removed a long-standing regulation that limited the agency to only considering producers within the country under investigation, causing uncertainty and raising concerns about defining comparative advantage across borders.

Matt said, “A hallmark of our AD/CVD laws is that if you know the rules in advance, you can eliminate dumping or countervailable subsidies. Without such rules being in place, you can't self-regulate. Even if you might not like the rules, at least you know what you’re facing.”