scope
Scope
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What is the “scope”? The scope is the detailed description of the imported merchandise that is being dumped and/or unfairly subsidized and injuring the U.S. industry.
What is its purpose? The scope defines the products to which any antidumping and/or countervailing duties may be applied. Additionally, the scope description will be used to determine the product-specific information the Department of Commerce collects in its dumping and/or subsidy analysis in an investigation.
Key Elements of the Scope:
- Technical and physical characteristics of the imported product (e.g., the product’s physical dimensions, chemical composition, etc.)
- Defined list of any products that are excluded from the scope
- Current 10-digit U.S. classification number(s) (i.e., Harmonized Tariff Schedule of the United States subheadings) under which the imported product may be entered
Important Considerations:
- The scope description should be an accurate reflection of the product for which the domestic industry is seeking relief, but should not be defined so narrowly that obvious circumvention issues could arise in the future.
- The formal scope definition should not include end-use provisions but should be clear and specific enough to be effectively enforced by U.S. Customs and Border Protection.
- The petition narrative should include a detailed description of the imported merchandise, including physical and technical characteristics, uses, and production processes, and whether such merchandise differs from the product produced in the United States.
Helpful Resources:
19 CFR 351.202(b)(5) of the Department of Commerce’s Regulations
Enforcement and Compliance – Scope Descriptions and Determinations for Current AD/CVD Orders