December 26, 2007
Chinese exporters of wooden bedroom furniture (WBF) that have applied to the Department of Commerce for a section “A” rate have received a much lower antidumping duty rate, which is currently 35.78%. A Section “A” rate is a weighted-average rate based on responses to antidumping questionnaires of designated Chinese exporters, whereas, the China-wide rate for exporters who have not been assigned a separate rate is 216.01%.
During the month of January 2008, exporters of WBF from China that do not have a Section A rate but are subject to the China-wide rate of 216.01% will have an opportunity to ask the Commerce Department if their company can be assigned the Section A rate.
To ask for a Section A rate, an exporter of WBF must complete a Section A rate application and include information such as: the amount of WBF exported during the period of review (Jan. 1-Dec. 31, 2007), and whether the exporter is substantially free from Chinese government control. Additionally, exporters previously granted a Section A rate may need to complete an application for recertification if the domestic industry requests a review of such exporter’s 2007 exports.
It is important to note that it is only the “exporter” of the WBF, as defined by Commerce, that can be assigned a Section A rate. Importers, however, can encourage and assist their foreign exporters in making such a request.
Section A applications have increasingly become more complicated since they were first introduced by Commerce during the initial investigation of WBF. These applications are also being given more intense scrutiny by Commerce, as well as by petitioners (the U.S. wooden bedroom furniture industry). Because of the increasing complexity of Section A applications, it is highly advisable that expert legal counsel specializing in antidumping law assist your foreign supplier complete a request for Section A treatment. In addition, expert counsel can provide advice on other, complicated legal issues that can evolve from responses to the Section A questionnaire.
To be eligible for review, exporters must have sold WBF and had it enter the United States during the period Jan. 1 to Dec. 31, 2007. The deadline for requesting a review is Jan. 31, 2008.
If you have any questions on the issues raised in this newsletter, please contact Stephen Spraitzar at the Law Offices of George R. Tuttle, P.C. at (415) 288-0427 or at firstname.lastname@example.org
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.
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 © 2007 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.