FAQs for the Final Determination of an Antidumping Duty and/or Countervailing Duty Investigation
- Once Commerce issues an affirmative AD or CVD final determination, the United States International Trade Commission (ITC), an independent agency, examines whether a U.S. industry has been injured as a result of dumped and/or subsidized imports. The ITC makes its final injury determination approximately 45 days after Commerce issues its final determination. If the ITC’s final determination is affirmative, Commerce will issue AD and CVD orders. If the ITC’s determination is negative, the investigation will be terminated.
- For more information about the timeline of an AD/CVD Investigation, please click here.
For all producers/exporters of subject merchandise, Commerce will instruct U.S. Customs and Border Protection (CBP) to require cash deposits in amounts equal to the final weighted-average dumping margin and/or subsidy rate.
At least once during each 12-month period after issuance of an AD/CVD order, an interested party may request an administrative review of the duty rates in effect. The purpose of the administrative review is to determine the amount of duties to be assessed on past entries and also to establish a prospective deposit rate of estimated duties.
Five years after the date of publication an AD/CVD order, Commerce must conduct a sunset review to determine whether revocation of an AD/CVD order would lead to recurred dumping/subsidization such that the order should remain in effect or be revoked.
None. The trade remedy laws provide U.S. businesses and workers with a transparent and internationally-accepted mechanism to seek relief from the market-distorting effects caused by unfair pricing or subsidization. Investigations are conducted in accordance with U.S. law, and the decision to initiate an investigation is based solely on the record evidence. All Commerce decisions are based on information and argument contained in the official record of the proceeding, and are subject to potential review by U.S. courts and the World Trade Organization dispute settlement system.
Under U.S. law, Commerce must conduct AD and CVD investigations if a petition filed by producers or workers in the United States meets the statutory criteria for initiation. Commerce cannot, by law, consider extra-statutory factors when determining whether or not an investigation is warranted and when making its determinations.
Commerce issues a fact sheet for all of its AD and CVD determinations. The fact sheet contains an overview of the final dumping and/or subsidy findings as well as the cash deposit rates determined. Case specific fact sheets can be accessed on the “recent case announcements” page by clicking here.
If you need to determine the duty rate to which you may be subject under and existing AD/CVD order and know the foreign producer of the product you are importing, you can contact the Customs Liaison Unit at 202-482-0984.