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ITA Nominee Addresses AD/CVD Enforcement, Duty Evasion

The Senate Finance Committee held a confirmation hearing on April 10 for William Kimmitt to serve as undersecretary of commerce for international trade. In this role, Kimmitt would lead the International Trade Administration, the wing of the Commerce Department tasked with enforcing antidumping and countervailing duty laws.

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In response to a question on the need to speed up AD/CVD administration, Kimmitt said it's important that the ITA's Enforcement and Compliance Division "has the resources they need to process" AD/CVD matters quickly and "bring meaningful relief to U.S. industries." He said he's aware that proposed legislation, such as the Leveling the Playing Field 2.0 Act, contemplates speeding up trade remedy proceedings to "bring quicker relief to small and medium-sized businesses."

Kimmitt also addressed the prospect of combating the intentional mislabeling of products as a means of duty evasion, telling the committee that he will "look at the circumvention authorities and all legal authorities that could bring the relief needed." He added that he welcomes the opportunity to work with the committee "to think of creative legislative solutions to that problem."

Regarding transshipment, particularly from Vietnam, Kimmitt said the "issue will require careful attention, whether it's looking at circumvention petitions" or leaning on the agency's Industry and Analysis Unit. He said in this moment of "trade recalibration," it will be important to focus on "how trade flows are evolving." Assessing Vietnam as a location of diversion of Chinese products "will absolutely be part" of the discussion on the U.S. trade deficit with Vietnam, Kimmitt said.

Kimmitt served in the first Trump administration as counsel to the U.S. trade representative and was involved in the implementation of the USMCA. He then joined private practice, working as a partner at Kirkland & Ellis on international trade and Section 337 unfair import investigation proceedings (see 2502040038).