Opportunity in December 2014 to Request Section A Rate
in Antidumping Order on Multilayered Hardwood Flooring from China


December 19, 2014

During the month of December 2014, Chinese exporters of multilayered flooring from China will have an opportunity to ask for a “Section A” rate with regard to the antidumping (AD) order on wooden bedroom furniture from China. This would be for exporters who have not previously received their own separate rate. The hope in filing such a request would be to obtain a rate lower than the China-wide rate of 58.84%, which is applied to exporters who have not received their own separate rate. For the upcoming review, requests for Section A rates must be filed with the U.S. Department of Commerce during the period of December 1-31, 2014. The Section A rate eventually determined by Commerce may be higher or lower than the current Section A rate.

Requirements for Applying for a Section A Rate

In order to be considered for a Section A rate, an exporter must have made at least one commercial sale during the period of review (December 1, 2013 - November 30, 2014).  If an importer/exporter has not made an entry of hardwood flooring during this period, it cannot be considered for a Section A rate.

Under the Commerce rules, only the “exporter” can obtain a Section A rate. Therefore, if a factory sells to an exporter who thereafter sells to a customer in the U.S., the factory will not receive the Section A rate – only the exporter. However, if the factory is also the exporter, then the factory can apply for the Section A rate.

Section A applications can be complicated. Exporters should consider using the assistance of legal counsel specializing in antidumping matters for preparing Section A applications.

If you have any questions about this or other antidumping issues, please contact Steve Spraitzar at steve.spraitzar@tuttlelaw.com or at (415) 288‑0427.

Stephen S. Spraitzar is an attorney with the Law Offices of George R. Tuttle in San Francisco.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

Copyright © 2014 by Tuttle Law Offices.

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

 

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