January 2013 Opportunity to Request Section A Rate in Antidumping Order on Wooden Bedroom Furniture from China

January 2, 2013

During the month of January 2013, U.S. importers and Chinese exporters of wooden bedroom furniture 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. The hope in filing such a request would be to lower the current China-wide rate of 216.10% that is being applied to a specific exporter. Requests for Section A rates must be filed at the U.S. Department of Commerce during the period of January 1-31, 2013. 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 had at least one commercial sale during the period of review (January 1, 2012-December 31, 2012). Thus, if the importer/exporter has not made an entry of WBF during this period, they will not 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 the exporter, then the factory can apply for the Section A rate.

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

Scope Requests

Importers, suppliers and manufacturers should also be aware of the fact that “scope requests” can be filed with the Commerce, requesting that Commerce review as to whether a particular furniture product is within the scope of the antidumping order. If Commerce determines that the merchandise is outside the scope, then pending entries of that product will be liquidated without antidumping duties. Those wishing to file a scope request should consult with the applicable Commerce Regulations and possibly consult with legal experts prior to filing the scope request, as scope requests must be electronically filed on Commerce’s web site.

If you have any questions about this or other customs issues, please contact George Tuttle at 415/288-0425, email george.tuttle.sr@tuttlelaw.com

George R. Tuttle 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 © 2013 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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