The Department of Commerce has not made satisfactory progress on its August 2010 proposals to strengthen trade remedy laws. Several reforms have not been implemented, notably to select mandatory respondents in antidumping reviews through sampling. Because this proposal depends on available resources, sampling should instead be used without qualification. Commerce should also revisit its non-market economy labour policy that unexpectedly reversed longstanding agency practice and, while administratively convenient, undermines trade remedy effectiveness. Other implemented proposals provide only modest benefit. In contrast to its proposed regulatory reform, Commerce is strengthening trade remedy laws by devoting resources to counteract and deter fraud.
Global Trade and Customs Journal