The ITC
and the U.S. Department of Commerce are responsible for conducting antidumping (AD) and
countervailing duty (CVD) (subsidy) investigations and five-year (sunset) reviews under
Title VII of the Tariff Act of 1930. Under this law, U.S. industries may petition the
ITC and Commerce for relief from unfairly priced (dumped) and subsidized imports. Dumping
occurs when a foreign producer sells a product in the United States at a price that is below
that producer's sales price in its home market, or at a price that is lower than its cost of
production. Subsidizing occurs when a foreign government provides financial assistance
to benefit the production, manufacture, or exportation of a good. If the Department of
Commerce finds that an imported product is dumped or subsidized and the ITC finds that a U.S.
industry producing a like product is materially injured or threatened with material injury, an
antidumping duty order or countervailing duty order will be imposed to offset the dumping or
subsidies.
When an antidumping
or countervailing duty order is imposed, Commerce instructs the Bureau of Customs and Border
Protection (Customs) to assess antidumping or countervailing duties on imports of the product
into the United States to offset the unfair trade practice. Under the Continued Dumping and
Subsidy Offset Act of 2000 (CDSOA or Byrd Amendment), antidumping and countervailing duties
collected are distributed annually to affected domestic producers for qualifying expenditures
incurred. Following imposition of an AD or CVD order, the ITC provides Customs with a list of
affected domestic producers (those producers who publicly expressed support for the petition
during the investigation); those producers can then submit certifications to Customs of
qualifying expenditures in order to receive a pro rata share of the annual distribution of
duties collected.
Commerce and the
ITC review each outstanding antidumping and countervailing duty order every five years to
determine whether revocation of the order would be likely to lead to continuation or recurrence
of dumping or subsidies and of material injury within a reasonably foreseeable time. If both
agencies make affirmative determinations, the order is continued for another five years; if not,
the order is revoked.
This site provides
a schedule of key dates and events, staff contacts, Federal
Register notices, and news releases for each original antidumping
and countervailing duty investigation and five-year (sunset)
review, and listings of past, present, and future five-year
(sunset) reviews by month of institution, product, and country.
The site also provides generic and case-specific questionnaires
for antidumping and countervailing duty investigations and
reviews; commissioner opinions in each completed investigation
and review; lists of outstanding AD and CVD orders by country,
date, and product; historical case statistics for investigations
and reviews; publications of interest to participants in investigations
such as the Antidumping
and Countervailing Duty Handbook and An Introduction to
APO Practice in Import Injury Investigations; information
on the Byrd Amendment; and links to other related government
web sites.
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