May 21, 2004
The International Trade Administration (ITA) has issued a notice stating that it is postponing, until no later than June 17, 2004, its preliminary antidumping (AD) duty determination on wooden bedroom furniture from China.
The date of the ITA's preliminary determination is particularly important to importer's attempting to time shipments. If the determination by DOC is affirmative on June 17th, the following will occur:
importers will be required to post an AD bond for entries made on or after June 17th;
all entries of WBF made on or after June 17th will be suspended until the final determination is made;
Further, if the final determination is affirmative, the ITC finds injury, and an AD order is issued, then the following will happen:
importers will have to pay AD on all suspended entries at the final AD determined by Commerce;
- cash deposits for AD will have to be made for entries made on or after the date of the AD order.
Commerce may choose to release their results before June 17th.
Previously, the decision was due no later than from April 28, 2004. The date of the preliminary decision was changed as a result a timely request made by the domestic industry pursuant to 19 CFR 351.205(e) for a postponement of the preliminary determination because they believe additional time is necessary to allow the petitioners to review the responses to the supplemental questionnaires, to submit comments to the ITA, and to allow the ITA time to analyze thoroughly the data.
The ITA notes that the deadline for the final determination will continue to be 75 days after the date of the preliminary determination.
June 17, 2004
Deadline for a preliminary determination from the DOC (ITA) as to dumping margins.
Entry suspension and bonding requirements will be put into effect if the preliminary determination concludes a dumping margin should be applied.
Nov. 1, 2004
Deadline for a final determination from the DOC (ITA) as to dumping margins.
Dec. 16, 2004
Final determination of material injury, to be issued if both the DOC preliminary and final determination affirmatively concludes a dumping margin should be implemented.
Importer's wishing to clarify their potential liability under the scope provisions are now in a difficult period of uncertainty. Under the AD regulations, the period for submission of scope comments has passed, and scope rulings cannot yet be obtained until an actual AD order is issued.
Importers who believe that their products may be covered by the order may wish to begin planning information collection procedures to assist in later submissions for annual reviews to contest the AD order.
Finally, companies with a large exposure may choose to plan for multi-stage manufacturing, in which initial manufacturing operations occur in China, but final manufacturing operations are performed in a third-country.
This strategy requires careful legal consideration of a proper and legal plan for third-country manufacture. Such planning considerations take into account statutory requirements, the historical case law, and administrative decisions by Commerce as to the adequacy of such third-country manufacturing.
A failure to adequately review such alternative manufacturing plans may expose an importer to the U.S. antidumping circumvention laws, which could result in AD liability plus the imposition of civil and/or criminal penalties for improper or fraudulent AD avoidance.
Given a preliminary finding of AD duties, the Final Commerce determination will be due Nov. 1, 2004. Prior to that time, importer's wishing to obtain scope decisions from the ITA, should prepare scope requests for immediate filing as of the issuance of the final AD order.
If the final Commerce determination is also affirmative, then the ITC will issue a final injury determination on or prior to due Dec. 16, 2004.
If you have any questions on any of the issues raised in this newsletter, please contact Stephen Spraitzar at (415) 288-0427 or via email at email@example.com.
Stephen 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.
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