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December 31, 2003 Is The Last Day For
Importers Of POS Cookware From China
To Ask For Lower AntiDumping Duty Rate

December 17, 2003

U.S. importers and Chinese exporters of porcelain-on-steel (POS) cookware have an opportunity this month to lower the antidumping duty rate on POS cookware from China. The current China-wide rate of POS cookware from China is 66.65%. The last day for filing requests with the U.S. Department of Commerce to review and possibly lower the antidumping duty rate for a specific Chinese exporter is December 31, 2003.

Every antidumping order has what is called the "anniversary month," during which U.S. importers, Chinese exporters, and U.S. manufacturers can request Commerce to review the dumping duty rate for specific exporters. The anniversary month is determined by the month in which the original antidumping order was issued. For the dumping order on POS cookware from China, the anniversary month is December.

In order to possibly obtain a lower antidumping duty rate for a Chinese exporter of POS cookware, the importer or exporter must file a request for an Administrative Review with Commerce no later then December  31, 2003.

Once the request is filed, Commerce will publish notice of acceptance, and an antidumping questionnaire will be issued to the Chinese supplier. Depending on the information supplied, quality, and thoroughness of the response, Commerce can lower the dumping duty rate. If a lower antidumping duty rate is obtained for a particular Chinese exporter, then the U.S. importer will receive a refund of the antidumping duty for the period in review, which is one year prior to the date the request is filed.

The area of antidumping duties is a difficult and complicated one, and professional advice should be sought with regard to completing a questionnaire. Our law firm specializes in the practice of antidumping, Customs and international trade, and we have been successful in obtaining a zero antidumping duty rate for a Chinese exporter of POS cookware from China and, have significant experience with regard to POS cookware.

If you have any questions with regard to the issues raised in this newsletter, please contact Stephen S. Spraitzar at (415) 288-0427 or at, or George R. Tuttle at (415) 288-0425 or

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.

Copyright 2005 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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