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Antidumping and Countervailing Duties

We represent foreign producers, foreign exporters, and U.S. importers of goods alleged to violate the antidumping and countervailing duties laws of the United States.

The 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).

Generally, 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.

Where 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 is occurring.

fter 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.

If 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.

Due 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.

This 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.

 Additional information on dumping can be found by clicking on any of the following topics:

Regulations for antidumping law:

U.S. ITA Import Administration Links:

AD/CVD Information from U.S. Customs:

Further Reading:

 

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