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:

• International Trade Administration
• International Trade Commission

U.S. ITA Import Administration Links:

• Import Administration Home Page

AD/CVD Information from U.S. Customs:

• A Glossary of Terms and Phrases used in AD/CVD Cases
• AD and CVD Investigations Decisions
• ADD/CVD Archive Data 
• ADD/CVD Instructions

Further Reading:

• Scope Requests Made For Certain Wood Flooring
  February 27, 2013
• Curtain Wall Systems Subject to ADD/CVD
  January 3, 2013
• January 2013 Window For Requesting Section A Rate On WBF From China
  January 2, 2013
• AD/CVD Investigations Continue on Hardwood Plywood from China
  December 12, 2012
• All Honey/Rice Syrup Blends From China Now Subject To Antidumping Duties
  October 26, 2012
• Preliminary Determination That PRC Solar Cells Should Be
  Assessed AD & CV Duties
  August 7, 2012
• File For Section A Rate On WBF From China In January
  January 19, 2012
• Final Rule Issued That Cash Deposits Will Be Normally
  Required After AD/CVD Preliminary Determinations
  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 Assessments on Aluminum Extrusions from China
  July 21, 2011
• Preliminary AD Duty Determination For Multilayered Flooring
  From China
  June 6, 2011
• Request Section A Rate For Wooden Bedroom Furniture
  From China
  December 15, 2010
• Petition Filed To Impose Antidumping And Countervailing
  Duties On Multilayer Flooring From China
  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 And Taiwan
  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)
• "Commerce Raises Antidumping Duty Rate From 54.21% To 95.95%
  On Petroleum Wax Candles From China" (March 15, 2004)
• "Update On Antidumping Reviews On Petroleum Wax
  Candles From China" (February 20, 2004)
• "Antidumping Duty Investigation in Regard to Frozen and Canned Warmwater Shrimp from Brazil, Ecuador, India, Thailand, China, and Vietnam" (February 4, 2004)
• "Potential 95.74% Country Wide Rate for Petroleum Wax Candles Exported From the PRC after March 8, 2004" (December 23, 2003)
• "December 31, 2003 Is The Last Day For Importers Of POS Cookware From China To Ask For Lower AntiDumping Duty Rate"
  (December 17, 2003)
• "Commerce Agrees To Investigate Dumping of Wooden Bedroom Furniture From China"
  (December 15, 2003)
• "441% Antidumping Duties Requested for Wooden Bedroom Furniture from China" (November 11, 2003)
• "Commerce Annouces 95.74% China-Wide Rate in Preliminary Decision on Antidumping Review of Candles From China"
  (October 15, 2003)
• "Status Update on 2001-02 Antidumping Administrative Review From China" (July 1, 2003)
• "Re-Classifying Softwood Lumber Products to Possibly Exclude Them From the AD and CVD Orders" (July 1, 2003)
• "Requests 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)
• "Possible Imposition of Substantially Higher Antidumping Duties on Petroleum Wax Candles From China" (February 5, 2003)
• "U.S. Commerce Rules That Candles Made Of Palm Oil Are Outside The Scope Of The Antidumping Order On Candles" (January 21, 2003)
• "U.S. Department of Commerce to Initiate Administrative Review Of Stainless Steel Cooking Ware From Korea" (March 19, 2002)
• "Opportunity to Potentially Reduce Antidumping Duties on Petroleum Wax Candles From China"  (February 5, 2002)
• "U.S. Customs Reviewing Possible Transshipments of Chinese Fresh Garlic"  (February 5, 2002)
• "Avenues of Possibly Reducing or Eliminating Antidumping Duties" (November 11, 1999)

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