Remedies for Unfair Foreign Trade Practices_Antidumping and Countervailing Duty Investigations

To protect U.S.

industry from injury by U.S.

sales of foreign merchandise at less than fair value and by unfair subsidies bestowed by foreign governments.



Agency - Department of Commerce

The Department of Commerce fosters and promotes the nation's economic development and technological advancement through vigilance in international trade policy, domestic business policy and growth, and promoting economic progress at all levels.



Program Accomplishments

Antidumping and countervailing duty trade remedies have been successfully pursued by a variety of domestic industries, including producers of steel, industrial equipment, computer chips, agricultural products, textiles, chemicals, and consumer products.

Uses and Use Restrictions

Antidumping Duty petitions filed by domestic industries are investigated.

Should the Secretary of Commerce determine that dumping has occurred, and the International Trade Commission find the dumping to cause, or threaten to cause, material injury to the competing U. S. industry, special dumping duties are assessed against imported foreign merchandise entering the U. S. at less than the foreign market price.

Countervailing Duty petitions filed by domestic industries are investigated.

If the Secretary of Commerce determines a countervail able subsidy is being bestowed and the International Trade Commission determines that the subsidy causes, or threatens to cause, material injury to the U. S. industry, countervailing duties are assessed on imports of subsidized merchandise from the bestowing country.

Duties are intended to offset the unfair competitive effects of dumping or subsidies.

Eligibility Requirements

Applicant Eligibility

Any interested party, as defined by Section 771 (9)(C), (D), (E), (F), or (G) of the Tariff Act of 1930, as amended, who has information that merchandise is being, or is likely to be, imported into the United States at less than fair value or is unfairly subsidized by a foreign government, may communicate such information to the Import Administration, International Trade Administration, U.S.

Department of Commerce.

Domestic producers or workers who support the petition must account for at least 25 percent of the domestic production of the like merchandise.

Beneficiary Eligibility

Industries are eligible if they are being adversely affected by imports of like products that are the subject of a dumping or subsidy finding.

Credentials/Documentation

Petitions for the imposition of antidumping duties or countervailing duties must contain: The name and address of the petitioner with pertinent documentation; the names and addresses of all other known persons in the domestic industry; the names and addresses of all known foreign firms believed to be exporting the dumped or subsidized products to the U.S.; information relating to the degree of industry support for the petition; a description of the merchandise involved; information with respect to home market or third country sales prices and/or cost, prices and sales in the U.S.; information with respect to the alleged countervail able subsidy; and information indicating that an industry in the U.S. is being injured materially by the imports. For a more detailed description of petition requirements see 19 CFR 351.202 (b) and the website for the Petition Counseling and Analysis Unit, http://ia.ita.doc.gov/pcp/pcp-index.html.

Aplication and Award Process

Preapplication Coordination

A conference with Import Administration officials is highly recommended.

Both the Import Administration and the International Trade Commission have staff available to assist domestic industries in deciding whether there is sufficient evidence to file a petition for antidumping or countervailing duty investigations.

The staff may also assist businesses with the filing process.

For further information see the website for the Petition Counseling and Analysis Unit, http://ia.ita.doc.gov/pcp/pcp-index.html or the Subsidies Enforcement Office, http://ia.ita.doc.gov/esel/index.html.

This program is excluded from coverage under E.O.

12372.

Application Procedures

Representatives of U.S. industries should consult 19 CFR 351.202.

Award Procedures

A decision regarding the initiation of an investigation is made generally within 20 days of receipt of a proper petition. If the investigation is initiated by the Department of Commerce, a notice is published in the Federal Register. Then, generally within 45 days of receipt of a proper petition, the International Trade Commission (ITC) must determine whether there is a reasonable indication of injury to the domestic industry. If sales are subsequently found to have been made at less than fair value (dumped) or a subsidy has been bestowed, the Secretary of Commerce issues a determination to that effect. The case is then sent back to the ITC for a final determination as to whether or not the dumped or subsidized imports are causing, or are likely to cause, material injury to the industry in the United States. If the ITC determination is affirmative, the Secretary of Commerce issues an anti-dumping or countervailing duty order and special dumping or countervailing duties are assessed against that merchandise which is being sold in the United States at less than fair value or being subsidized.

Deadlines

The Department of Commerce normally makes a preliminary antidumping determination in 140 to 190 days (depending on the complexity of the case) from the date of initiation of an investigation. A final determination will be due 75 or 135 days, as appropriate, after the preliminary determination. A preliminary countervailing determination normally must be published in 65 to 130 days of initiation of the investigation (depending on the complexity of the case) and a final determination is generally due within 75 days from the date of the preliminary determination.

Authorization

Tariff Act of 1930, as amended; Trade Agreements Act of 1979; Trade and Tariff Act of 1984; Trade Act of 1988; Uruguay Round Agreements Act, 19 U.S.C. 1339, 1516a, 1673-1673h, 1675-1677n.

Range of Approval/Disapproval Time

All antidumping or countervailing investigations must be concluded within statutory deadlines pursuant to the Tariff Act of 1930, as amended.

Appeals

See 19 U.S.C. 1516A.

Renewals

Not applicable.

Assistance Considerations

Formula and Matching Requirements

Not applicable.

Length and Time Phasing of Assistance

An antidumping or countervailing duty finding will be revoked after a review in the fifth year unless the Secretary of Commerce and the International Trade Commission determine that revocation would be likely to lead to a recurrence or continuation of dumping or a countervail able subsidy and injury.

Post Assistance Requirements

Reports

Not applicable.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), recipients that are States, Local Governments, Nonprofit Organizations (to include Hospitals), and Institutions of Higher Learning shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507). Commercial organizations shall be subject to the audit requirements as stipulated in the award document.

Records

Not applicable.

Financial Information

Account Identification

13-1250-0-1-376.

Obigations

(Operations and administration) FY 07 est not available; FY 08 est not available; and FY 09 est not reported.

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines, and Literature

Commerce Regulations, Part 351 (19 CFR 351).

Information Contacts

Regional or Local Office

Not applicable.

Headquarters Office

Import Administration, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230. Inquiries or requests for assistance should be directed to the Office of Policy Petition Hotline (202) 482-1255.

Criteria for Selecting Proposals

Not applicable.



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