What is ITC’s role in import injury cases?
The ITC determines and investigates whether imports injure or threaten to injure U.S. industries under a number of trade laws.
What types of import injury investigations are conducted at the ITC?
Antidumping and countervailing duty investigations – Under Title VII of the Tariff Act of 1930, as amended, the ITC and U.S. Department of Commerce play a role in determining the occurrence of dumping and subsidization.
The ITC determines whether imports that have been found to be dumped (sold at less than fair value in the United States) materially injure or threaten to materially injure a U.S. industry. If the Commerce Department determines that the dumping is occurring, and the ITC finds material injury or threat, Commerce will issue an antidumping duty and/or countervailing duty order.
Five-year (Sunset) Reviews
These reviews occur after antidumping duty and/or countervailing duty orders have been in place for five years. Commerce and the ITC determine whether revocation of the order(s) would likely lead to the continuation or recurrence of dumping or subsidies and of material injury within a reasonably foreseeable time.
Global and special safeguard investigations
Global safeguard investigations are conducted by the ITC, and they make affirmative determinations on domestic industries that petition for import relief due to material injury.
Commerce determines whether the alleged dumping or subsidizing is occurring, and if so, the margin of dumping or amount of subsidy.
The ITC determines whether the U.S. industry is materially injured or threatened with material injury by reason of the imports under investigation.
If both Commerce and the ITC reach affirmative final determinations on their individual questions, then Commerce will issue an antidumping duty order to offset the dumping or a countervailing duty order to offset the subsidy.
Antidumping and Countervailing Duty Investigations
What are the roles of Commerce and ITC during antidumping and countervailing duty investigations?
Commerce determines whether the alleged dumping or subsidizing is occurring, and if so, the margin of dumping or amount of subsidy.
The ITC determines whether the U.S. industry is materially injured or threatened with material injury by reason of the imports under investigation.
If both Commerce and the ITC reach affirmative final determinations on their individual questions, then Commerce will issue an antidumping duty order to offset the dumping or a countervailing duty order to offset the subsidy.
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.
What is subsidization?
Subsidization occurs when a government provides countervailable financial assistance to benefit the production, manufacture, or exportation of a good.
How are antidumping or countervailing duty orders imposed?
When an antidumping or countervailing duty order is imposed, Commerce instructs the Bureau of Customs and Border Protection (Customs) to assess antidumping and/or countervailing duties on imports of the product into the United States to offset the unfair trade practice.
What is the U.S. Customs’ role in imposing duty orders?
The Customs Service assesses antidumping duties and/or countervailing duties on imported merchandise.
Where can I search for antidumping rates online (by commodity type or most recent)?
The U.S. Customs and Border Protection maintains a searchable database of antidumping and countervailing duty messages that can be retrieved based on simple or complex search characteristics using keywords and Boolean operators. The messages are segregated by Antidumping or Countervailing and span the years 1992 to present.
http://addcvd.cbp.gov/ Under this law, antidumping and countervailing duties collected are distributed annually to affected domestic producers for qualifying expenditures incurred.
Sunset Reviews
Frequently Asked Questions - General Information
FAQ - Global Safeguards
Frequently Asked Questions - General Information
FAQ - China Safeguards
What is Section 421 (China Safeguard) of the Trade Act of 1974?
Under this law, the Commission determines whether articles from China are being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products.
If the Commission makes an affirmative determination, it proposes a remedy. The Commission sends its report to the President and the U.S. Trade Representative. The President makes the final remedy decision
This type of investigation is also known as a "China Safeguard Investigation."
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