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 George R. Tuttle at
(415) 288-0425 or grt@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.