The 30 Second Briefing:
Where do I Find Information on Antidumping and
Countervailing (AD/CVD) Duties?


November 9, 2020

Antidumping and countervailing duties (AD/CVD) are not tariffs and are not identified in the Tariff Schedule. Although the ITC has a role in AD or CVD investigations (https://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations.htm), the actual rates of AD or CVD duty are set by the International Trade Administration (ITA) of the Department of Commerce through a separate investigation, and these rates are subject to annual review and adjustment.

CBP maintains a public database of many (but not all) instructions implementing the orders at https://aceservices.cbp.dhs.gov/adcvdweb.

These instructions contain information on rates of AD/CVD duties applicable to producers/exporters from the subject country. They also have contact information at the ITA for further information. Questions about the scope of AD/CVD orders should be referred to the contacts in the instructions or to "Contact Import Administration" at https://www.trade.gov/enforcement/operations/.

The two sites linked below can be used to find the Department of Commerce case number, which can be used when searching the CBP instruction site linked above.

The most relevant tariff classification numbers associated with products subject to AD/CVD duties are maintained for the convenience of administration by U.S. Customs and importers. These HTSUS number are flagged in ACE and are there to alert brokers and entry filers that goods classified under the HTSUS number in question may be subject to AD/CVD duties. However, to be certain, the broker or importer would be expected to review the written scope of products covered by the order. The written scope description of products currently subject to AD/CVD order can be found at https://legacy.trade.gov/enforcement/operations/scope/index.asp.

If there is a question or doubt about whether the scope of the order includes the product in question, U.S. Customs expects importers to seek a scope determination from the Department of Commerce, as U.S. Customs is not responsible for interpreting the scope of the order. More information on what is required to file a scope request can be found at https://legacy.trade.gov/enforcement/operations/scope/index.asp.

If you have questions about these or other Customs matters, contact George R. Tuttle, III at geo@tuttlelaw.com or at 415-254-5986.

 

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 © 2020 by Tuttle Law Offices. 
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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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