Remedies for Unfair Foreign Trade Practices-Antidumping and Countervailing Duty Investigations (11.106)
Program
11.106 Remedies for Unfair Foreign Trade Practices-Antidumping and Countervailing Duty Investigations
Federal Agency
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE
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.
Program Number
11.106
Last Known Status
Active
Objectives
To protect U.S. industry from injury by sales of foreign merchandise at less than fair value in the United States and by unfair subsidies bestowed by foreign governments.
Types of Assistance
Provision of Specialized Services; Investigation of Complaints.
Uses and Use Restrictions
Antidumping Duty petitions filed by domestic industry are investigated. Special dumping duties are assessed against imported foreign merchandise entering in the U.S. at less than the foreign market price 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. Countervailing Duty petitions filed by domestic industry 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 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 who has information that merchandise is being, or is likely to be, imported into the United States under such circumstances as to bring it within the purview of the Tariff Act of 1930, as amended, may, on behalf of the industry in the United States which produces like merchandise, 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
The industry being adversely affected by imports of like products which are the subject of a dumping or subsidy finding.
Credentials/Documentation
Communications must contain: The name and address of the petitioner with pertinent documentation; the names and addresses of all known foreign firms believed to be exporting the dumped or subsidized products to the U.S.; 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.
Application and Award Process
Preapplication Coordination
Not required; a conference with Import Administration officials is recommended. This program is excluded from coverage under E.O. 12372.
Application Procedure
Representatives of U.S. industries should consult 19 CFR 351.202.
Award Procedure
Generally within 20 days of receipt of a proper petition, a decision regarding the initiation of an investigation is made. 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
A preliminary antidumping determination normally must be made by the Department of Commerce 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 within 65 or 130 days of initiation of the investigation (depending on the complexity of the case) and final determination is generally within 75 days from the date of the preliminary determination.
Range of Approval/Disapproval Time
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 24, 1997), recipients that are States, Local Governments, Non-profit 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.
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. 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 eligible small businesses with the filing process.
Financial Information
Account Identification
13-1250-0-1-376.
Obligations
(Operations and administration) FY 02 $34,238,000; FY 03 est $43,000,000; and FY 04 est $43,000,000.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines and Literature
Commerce Regulations, Part 351 (19 CFR 351).
Related Programs
None.
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 (202) 482-4412. Use the same numbers for FTS.
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
