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US Looks To Target Manipulated Currency In Trade Cases

Law360 (May 23, 2019, 7:35 PM EDT) -- The U.S. Department of Commerce unveiled a potential bombshell of a change to its enforcement regulations Thursday with a proposal that would make it easier for the agency to treat undervalued currency as an unfair subsidy and punish imports with remedial tariffs.

Commerce’s proposal envisions a unique process in which the agency would consult with the U.S. Department of the Treasury in countervailing duty cases to determine whether a foreign government has manipulated its own currency in a way that may provide its exporters with an unfair advantage when they sell their goods in the U.S.

“This change puts foreign exporters...

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