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:
- The 30 Second Briefing: Where do I Find Information on Antidumping and Countervailing (AD/CVD) Duties?
November 9, 2020
- Commerce Announced Affirmative Final Determinations in AD/CVD Investigations of Quartz Surface Products from China
May 16, 2019
- Ceramic Tile from China is the Subject of a New AD/CVD Investigation
May 7, 2019
- Commerce Initiates AD and CVD Investigations on Wooden Cabinets and Vanities from China
March 29, 2019
- New ADD/CVD Investigations for Carbon and Alloy Steel Threaded Rod
March 18, 2019
- 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
- ADD and CVD
July 21, 2011
- "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
- "Customs Issues Rate Advances Significantly Increasing Antidumping Duties"
February 16, 2007
- "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
- "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
- "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)
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)
Annouces 95.74% China-Wide Rate in Preliminary Decision on Antidumping
Review of Candles From China"
(October 15, 2003)
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