We represent foreign producers, foreign exporters, and U.S. importers of goods alleged to violate the antidumping and countervailing duties laws of the United States.

The antidumping law and the countervailing duties law are two primary trade relief vehicles for domestic industries seeking protection against foreign imports.  The antidumping law addresses injuries to U.S. businesses caused by international price discrimination (i.e. goods sold in the U.S. at lower prices then they are sold for in the home market, or a substitute third-country market).

Generally, industries seeking relief file a petition with the U.S. Department of Commerce (Commerce) and the International Trade Commission (ITC).  Commerce then investigates whether there are sales at less than fair value ("dumping") pricing issues, and the ITC investigates whether there is material injury to the U.S. industry.  The course of investigation by Commerce requires the foreign producer to answer one or more detailed questionnaires.

Where both agencies reach affirmative conclusions (dumping and injury), an antidumping or countervailing duties order is put into place.  The order imposes an additional duty on the product from the particular country in issue to reflect the level of dumping which is occurring.

fter an order is put into place, foreign producers who are new, or who have altered their pricing, may request further review of the antidumping or countervailing duties decision.  An annual review is available to preexisting foreign producers only on the "anniversary month" of the order (i.e. on the month that the original order was issued). New producers or new shippers are allowed to apply for new shipper reviews twice a year, on either the anniversary month or six-months thereafter.

If an order has been in effect for 5 years, it is automatically removed by operation of law, unless the domestic industry is able to show evidence that price discrimination and injury would otherwise continue.

Due to the complexities of the antidumping and countervailing duties process, foreign companies often find that recourse to the U.S. judiciary, a NAFTA panel, or to the World Trade Organization is desired to redress certain legal issues.

This is merely a simplified summary of the antidumping process.  In fact, the antidumping and countervailing duties laws are quite complex and require careful planning in submission of responses.  We generally advise that, where antidumping issues are concerned an exporter, foreign producer, U.S. importer or other interested party retain experienced legal counsel.

 Additional information on dumping can be found by clicking on any of the following topics:

Regulations for antidumping law:

• International Trade Administration
• International Trade Commission

U.S. ITA Import Administration Links:

• Import Administration Home Page

AD/CVD Information from U.S. Customs:

• A Glossary of Terms and Phrases used in AD/CVD Cases
• AD and CVD Investigations Decisions
• ADD/CVD Archive Data 
• ADD/CVD Instructions

Further Reading:

• The 30 Second Briefing: Where do I Find Information on Antidumping and Countervailing (AD/CVD) Duties?
  November 9, 2020
• Commerce Announced Affirmative Final Determinations in AD/CVD Investigations of Quartz Surface Products from China
  May 16, 2019
• Ceramic Tile from China is the Subject of a New AD/CVD Investigation
  May 7, 2019
• Commerce Initiates AD and CVD Investigations on Wooden Cabinets and Vanities from China
  March 29, 2019
• New ADD/CVD Investigations for Carbon and Alloy Steel Threaded Rod
  March 18, 2019
• CIT Rejects Commerce Scope Determination on Aluminum Extrusions
  September 6, 2017
• Commerce Announces Initiation of Inquiry on Whether Certain Split-Drive Anchros are within the Scope of the Antidumping Duty Order on Steel Nails from the People’s Republic of China
  August 9, 2017
• Commerce Announces Initiation of Inquiry on Whether Certain “Crimp Drive Anchors” are within the Scope of the Antidumping Duty Order on Steel Nails from the People’s Republic of China
  June 23, 2017
• Soup du Jour: Understanding CBP's New AD/CVD Evasion Law
  October 5, 2016
• CBP Heats Up Enforcement of AD/CVD Orders
  March 11, 2016
• Opportunity to Request AD/CV Admin Review for Aluminum Extrusions
  May 1, 2015
• And Our Survey Says ..... Results of Our AD/CVD Benchmark Survey
  February 3, 2015
• January 2013 Window For Requesting Section A Rate On WBF From China
  January 2, 2013
• ADD and CVD Assessments on Aluminum Extrusions from China
  July 21, 2011
• "Commerce Announces Revocation of Countervailing Duty Order on DRAMS From Korea"
  October 7, 2008
• "Final Results Of Countervailing Duty Administrative
  Review Of Dynamic Random Access Memory
  Semiconductors From Korea (C-580-851)"
  March 25, 2008
• "Customs Issues Rate Advances Significantly Increasing Antidumping Duties"
  February 16, 2007
• "First Opportunity To Request Administrative Review In Antidumping Order On Wooden Bedroom Furniture From China"
  January 18, 2006
• "Commerce Postpones Final Decisions Until April 3, 2006, On Whether Palm Oil Canles Are Outside Scope of Antidumping Order On Candles"
  January 4, 2006
• "Commerce Initiates Anticircumvention Inquiries on Candles Made Primarily of Palm Oil or Vegetable-Based Wax"
  March 31, 2005
• "Commerce Issues Antidumping Order and Revisions to Final Determination in Case On Wooden Bedroom Furniture From China"
  January 11, 2005
• "Commerce Grants Extension to NCA Until January 14, 2005 to File Responses To Supplemental Questionnaires in Candle Circumvention Requests" January 4, 2005
• "Commerce Postpones Candle Circumvention Requests Until February 2005" December 16, 2004
• "December 31, 2004, Is Last Day For Importers Of POS Cookware From China To Ask For Lower Antidumping Duty Rate" November 19, 2004
• "Petitions Filed With Commerce May Expand The Scope of the Candle Antidumping Order From China To Include Candles Made Primarily Of Palm Oil Or Vegetable-Based Wax" November 4, 2004
• "Commerce Raises China-Wide Antidumping Rate To 108.30% In The Amended Final Determination On Candles From China" (May 7, 2004)
• "Commerce Raises Antidumping Duty Rate From 54.21% To 95.95%
  On Petroleum Wax Candles From China" (March 15, 2004)
• "Update On Antidumping Reviews On Petroleum Wax
  Candles From China" (February 20, 2004)
• "Potential 95.74% Country Wide Rate for Petroleum Wax Candles Exported From the PRC after March 8, 2004" (December 23, 2003)
• "December 31, 2003 Is The Last Day For Importers Of POS Cookware From China To Ask For Lower AntiDumping Duty Rate"
  (December 17, 2003)
• "Commerce Annouces 95.74% China-Wide Rate in Preliminary Decision on Antidumping Review of Candles From China"
  (October 15, 2003)

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