represent foreign producers, foreign exporters, and U.S. importers
of goods alleged to violate the antidumping and countervailing duties
laws of the United States.
antidumping law and the countervailing duties law are two primary
trade relief vehicles for domestic industries seeking protection
against foreign imports. The antidumping law addresses injuries
to U.S. businesses caused by international price discrimination
(i.e. goods sold in the U.S. at lower prices then they
are sold for in the home market, or a substitute third-country market).
industries seeking relief file a petition with the U.S. Department
of Commerce (Commerce) and the International Trade Commission (ITC).
Commerce then investigates whether there are sales at less
than fair value ("dumping") pricing issues, and the ITC investigates
whether there is material injury to the U.S. industry. The
course of investigation by Commerce requires the foreign producer
to answer one or more detailed questionnaires.
both agencies reach affirmative conclusions (dumping and injury),
an antidumping or countervailing duties order is put into place.
The order imposes an additional duty on the product from the
particular country in issue to reflect the level of dumping which
an order is put into place, foreign producers who are new, or who
have altered their pricing, may request further review of the antidumping
or countervailing duties decision. An annual review is available
to preexisting foreign producers only on the "anniversary month"
of the order (i.e. on the month that the original order
was issued). New producers or new shippers are allowed to apply
for new shipper reviews twice a year, on either the anniversary
month or six-months thereafter.
an order has been in effect for 5 years, it is automatically removed
by operation of law, unless the domestic industry is able to show
evidence that price discrimination and injury would otherwise continue.
to the complexities of the antidumping and countervailing duties
process, foreign companies often find that recourse to the U.S.
judiciary, a NAFTA panel, or to the World Trade Organization
is desired to redress certain legal issues.
is merely a simplified summary of the antidumping process.
In fact, the antidumping and countervailing duties laws are quite
complex and require careful planning in submission of responses.
We generally advise that, where antidumping issues are concerned
an exporter, foreign producer, U.S. importer or other interested
party retain experienced legal counsel.
information on dumping can be found by clicking on any of the following
for antidumping law:
U.S. ITA Import Administration
Information from U.S. Customs:
- CIT Rejects Commerce Scope Determination on Aluminum Extrusions
September 6, 2017
- Commerce Announces Initiation of Inquiry on Whether Certain Split-Drive Anchros are within the Scope of the Antidumping Duty Order on Steel Nails from the People’s Republic of China
August 9, 2017
- Commerce Announces Initiation of Inquiry on Whether Certain “Crimp Drive Anchors” are within the Scope of the Antidumping Duty Order on Steel Nails from the People’s Republic of China
June 23, 2017
- Soup du Jour: Understanding CBP's New AD/CVD Evasion Law
October 5, 2016
- CBP Heats Up Enforcement of AD/CVD Orders
March 11, 2016
- Opportunity to Request AD/CV Admin Review for Aluminum Extrusions
May 1, 2015
- And Our Survey Says ..... Results of Our AD/CVD Benchmark Survey
February 3, 2015
- January 2013 Window For Requesting Section A Rate On WBF From China
January 2, 2013
- Final Rule Issued That Cash
Deposits Will Be Normally
Required After AD/CVD
December 20, 2011
- Commerces Issues Decision On Novelty Candles
August 25, 2011
- CBP Set to Strengthen
Enforcement of AD and
CV Duty Evasion
August 3, 2011
- ADD and CVD
July 21, 2011
- Preliminary AD Duty
June 6, 2011
- Request Section A Rate For
Wooden Bedroom Furniture
December 15, 2010
- Petition Filed To Impose
Antidumping And Countervailing
Duties On Multilayer Flooring
Novembert 3, 2010
- Commerce Proposes to Modify Antidumping Exclusion Policy on Certain Novelty Candles from China
September 4, 2010
- Commerce Issues AD Duty
Orders On Polyethylene Retail
Carrier Bags From Indonesia
June 8, 2010
- January Month To Apply For "Section A" Rate On Wooden
Bedroom Furniture From China
December 9, 2009
- Novelty Candles May Be Subject To Anti-Dumping Duty
August 21, 2009
- Update On Wooden Bedroom Furniture ADD Review
February 10, 2009
- January Deadline For Filing Section A Rate Request For Chinese Wooden Bedroom Furniture
November 18, 2008
- "Commerce Announces Revocation of Countervailing Duty Order on DRAMS From Korea"
October 7, 2008
- "Final Results Of Countervailing Duty Administrative
Review Of Dynamic Random Access Memory
Semiconductors From Korea (C-580-851)"
March 25, 2008
- "How To Lower Your Dumping Duties On
Wooden Bedroom Furniture From China"
December 26, 2007
- "Customs Issues Rate Advances Significantly Increasing Antidumping Duties"
February 16, 2007
- "CBP And ICE Investigate The Possible Transshipment Of Retail Polyethylene Bags"
July 18, 2006
- "Numerous Chinese Suppliers Of Wooden
Bedroom Furniture To Be Reviewed By
Commerce In Administrative Reviews"
February 16, 2006
- "First Opportunity To Request Administrative Review In Antidumping Order On Wooden Bedroom Furniture From China"
January 18, 2006
- "Commerce Postpones Final Decisions Until April 3, 2006, On Whether Palm Oil Canles Are Outside Scope of Antidumping Order On Candles"
January 4, 2006
- "Commerce Initiates Anticircumvention Inquiries on Candles Made Primarily of Palm Oil or Vegetable-Based Wax"
March 31, 2005
- "Commerce Issues Antidumping Order and Revisions to Final Determination in Case On Wooden Bedroom Furniture From China"
January 11, 2005
- "Commerce Grants Extension to NCA Until January 14, 2005 to File Responses To Supplemental Questionnaires in Candle Circumvention Requests" January 4, 2005
- "Commerce Postpones Candle Circumvention Requests Until February 2005" December 16, 2004
- "ITA Issues Final Determination on Certain Wooden Bedroom Furniture From China" November 19, 2004
- "December 31, 2004, Is Last Day For Importers Of POS Cookware From China To Ask For Lower Antidumping Duty Rate" November 19, 2004
- "Petitions Filed With Commerce May Expand The Scope of the Candle Antidumping Order From China To Include Candles Made Primarily Of Palm Oil Or Vegetable-Based Wax" November 4, 2004
- "August 2004 Update: Antidumping Investigation on Certain Wooden Bedroom Furniture From China" August 25, 2004
- "Commerce Announces New Dumping Investigation On Certain Sanitizing, Disinfecting, And Bleaching Agents From China" July 30, 2004
- "Preliminary Decision Issued on Certain Frozen and Canned Warmwater Shrimp" July 12, 2004
- "Update: Liquidation and Suspension of Entries (Effective June 24, 2004), in the China Wooden Bedroom Furniture (WBF) Antidumping Case"
(July 9, 2004)
- "Preliminary Determination Sets China-Wide Rate at 198.08% for Antidumping Duties on Wooden Bedroom Furniture (WBF)"
(June 18, 2004)
- "Postponement of Preliminary AD Duty Determination on Wooden Bedroom Furniture from China" (May 21, 2004)
- "Commerce Raises China-Wide Antidumping Rate To 108.30% In The Amended Final Determination On Candles From China" (May 7, 2004)
Raises Antidumping Duty Rate From 54.21% To 95.95%
On Petroleum Wax Candles From China" (March 15, 2004)
On Antidumping Reviews On Petroleum Wax
Candles From China" (February 20, 2004)
Duty Investigation in Regard to Frozen and Canned Warmwater Shrimp
from Brazil, Ecuador, India, Thailand, China, and Vietnam"
(February 4, 2004)
95.74% Country Wide Rate for Petroleum Wax Candles Exported From
the PRC after March 8, 2004" (December 23, 2003)
31, 2003 Is The Last Day For Importers Of POS Cookware From China
To Ask For Lower AntiDumping Duty Rate"
(December 17, 2003)
Agrees To Investigate Dumping of Wooden Bedroom Furniture From
(December 15, 2003)
Antidumping Duties Requested for Wooden Bedroom Furniture from
China" (November 11, 2003)
Annouces 95.74% China-Wide Rate in Preliminary Decision on Antidumping
Review of Candles From China"
(October 15, 2003)
Update on 2001-02 Antidumping Administrative Review From China"
(July 1, 2003)
Softwood Lumber Products to Possibly Exclude Them From the AD
and CVD Orders" (July 1, 2003)
to Review Softwood Lumber AD and CVD Duty Rates Must Be Filed
With U.S. Dept. of Commerce by May 30, 2003" (May 23, 2003)
Imposition of Substantially Higher Antidumping Duties on Petroleum
Wax Candles From China" (February 5, 2003)
Commerce Rules That Candles Made Of Palm Oil Are Outside The Scope
Of The Antidumping Order On Candles" (January 21, 2003)
Department of Commerce to Initiate Administrative Review Of Stainless
Steel Cooking Ware From Korea" (March 19, 2002)
to Potentially Reduce Antidumping Duties on Petroleum Wax Candles
From China" (February 5, 2002)
Customs Reviewing Possible Transshipments of Chinese Fresh Garlic"
(February 5, 2002)
of Possibly Reducing or Eliminating Antidumping Duties"
(November 11, 1999)
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