In these circumstances, one should not wait for the tolling of a Chapter 11 or Chapter 7 circumstance. Rather, you should seek help immediately – if it is a matter of price there may be what the trade people call dumping (i.e., illegally exporting of a product below cost of manufacture and marketing). There are trade laws against such imports and Section 301 action can be taken.

But let’s suppose it is not dumping but your domestically made product is simply overwhelmed by the huge numbers of the imported competing product(s) as was the case with Harley Davidson motorcycles in the mid-1980s. Again, you need good advice on what you can request of the Federal government to fight import overhang -- but you need help to find knowledgable people to represent you if you hope to win.

What Harley Davidson did back around 1985 was to successfully seek relief under Section 201 of U.S. Trade Law by which duties were placed on the imported motorcycles in question. Today this company – that had been close to bankruptcy – is a real U.S. success story. This is the result of a good product and prompt and effective action through the Federal government.

Our founder and Chairman, who served in The White House Office of the U.S. Trade Representative in Washington, managed a 201 case in 1991. He knows in detail what is entailed in dealing with the USTR, the U.S. Commerce Department and the Trade Administration, and what the criteria are for a successful outcome.