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December 31, 2004, Is Last Day For Importers Of POS Cookware From China To Ask For
Lower Antidumping Duty Rate

November 19, 2004

U.S. importers and Chinese exporters of porcelain-on-steel (POS) cookware have an opportunity during the month of December, 2004, to potentially 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, 2004.

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.

This means that the next opportunity for filing a request for an administrative review to possibly obtain a lower antidumping duty rate for a Chinese exporter of POS cookware is during the period of December 1-31, 2004.

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 duties, plus interest 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. We have been successful in obtaining a zero antidumping duty rate for a Chinese exporter of POS cookware from China, 65 FR 31144, and have significant experience with regard to POS cookware. In addition, we are fortunate to have a consultant who is a former Commerce Department employee at the antidumping section. This consultant has had substantial experience with regard to antidumping matters, and has traveled to China in connection with many antidumping matters.

If you have any questions on any of the issues raised in this newsletter, please contact Steve Spraitzar at (415) 288-0427 or via email at, or George R. Tuttle at (415) 288-0425 or via email at

George Tuttle, Sr. and Stephen Spraitzar are attorneys 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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