Washington Trade Counsel LLC - Attorney at Law
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Trade Remedy Actions
Antidumping proceedings present an enormous opportunity for international exporters having the resources and courage to tap into the mass U.S. market due the supply shortage created by U.S. antidumping laws.  With a low dumping margin, exporter can secure high profits because of the supply shortage.  

A U.S. manufacturer can petition US International Trade Commission (USITC) and US Department of Commerce (USDOC) to levy anti-dumping duty against the imports of identical or similar products into the United States.  USITC and USDOC will go through the initial investigation to find if there is dumping.  Once dumping is determined by both agencies, importers of the merchandise from countries subject to the antidumping order will have to put up cash deposit at the U.S. Customs at the time of entry.  

For the cash deposit put up by the importers, exporters will have to participate in the annual administrative reviews for the past entries of merchandise during the period of review to obtain an antidumping rate to 1) be used as the assessment rate for the importer for subject merchandise imported during period of review 2) obtain the cash deposit rate for future entries.

For exporters that have never shipped the subject merchandise to the United States, there is a procedure called New Shipper Review.  New Shippers can ship one shipment of the subject merchandise to the U.S. and apply for its own separate antidumping duty rate.   

The dumping margin is determined by comparing the sales price and the estimated normal value, which is the result of multiplying consumption ratios for material, labor, energy and other input per unit of productions with their respective surrogate value unit price found in a country similar to China in production of the subject merchandise (in most cases, India).

The determination of the dumping margin by USDOC can be appealed to the United States Court of International Trade (USCIT) and further to Court of Appeals for Federal Circuit (CAFC) in Washington D.C.

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