ADCVD Administrative Reviews

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What is an Administrative Review?

Antidumping (AD) and Countervailing (CV) duties are imposed under an "Order" from the Import Administration of the Department of Commerce. These Orders contains both (1) narrative language that describes the scope of the coverage of the Order, (2) a list of HTS tariff provisions that could be impacted (this list is not intended to be either definitive or exhaustive), and (3) a list of deposit rates applicable to various individual exporters who participated in the Investigation, and a country-wide rate applicable to "all-other" exporters.

The duty rate published are deposit rates that only apply to in-scope merchandise.  Liquidations of entries subject to AD/CVD are automatically suspended by Customs pending the results of an administrative review and a specific "liquidation instructions" issued to Customs by Commerce.

Unlike other countries, the ADCVD laws of the United States employ a retrospective method of assessing the magnitude of AD and CV duties.  This means that instead of attempting to set actual ADCVD rates prospectively (based on estimates for in the year to come), the Department of Commerce will annually review the actual pricing of shipments that entered the United States during the prior year (that period of time under review is known as the "Period of Review" or POR).  

These annual review are scheduled to begin in the "anniversary" month of the Order.  Thus, if an AD or CV duties Order is for example issued in January 2017, then Commerce accepts requests for participation in an Annual Review proceeding to begin in January of each following year.

During the Annual Review, Commerce may conclude that for imports in the POR the ADCVD deposit rates were (1) correct , (2) too low, or (3) too high.   If the deposit rates were too low, then the Annual Review will impose a higher actual AD/CVD rate against the suspended entries, and Customs will be instructed to issue bills to the Importer for the balance of additional duties owing, and set a new higher deposit rate for the POR ahead.

 

 

 

ADCVD Reviews announced by Commerce in January 2018

India: Welded Stainless Pressure Pipe A-533-876

Indonesia: Monosodium Glutamate A-560-826

Mexico: Certain Circular Welded Non-Alloy Steel Pipes and Tubes A-201-805

Mexico: Steel Concrete Reinforcing Bar A-201-844

Republic of Korea: Circular Welded Non-Alloy Steel Pipe A-580-809

Taiwan: Certain Circular Welded Non-Alloy Steel Pipe A-583-814

The People's Republic of China: Diamond Sawblades and Parts Thereof A-570-900

The People's Republic of China: Certain Hot-Rolled Carbon Steel Flat Products A-570-865

The People's Republic of China: Fresh Garlic A-570-831

The People's Republic of China: Monosodium Glutamate A-570-992

The People's Republic of China: Polyethlene Terephthalate (Pet) Film A-570-924

The People's Republic of China: Seamless Refined Copper Pipe and Tube A-570-964

United Arab Emirates: Polyethylene Terephthalate (Pet) Film A-520-803

India: Welded Stainless Pressure Pipe C-533-868

The People's Republic of China: Certain Passenger Vehicle and Light Truck Tires 7 C-570-017

The People's Republic of China: Chlorinated Isocyanurates C-570-991 

Turkey: Steel Concrete Reinforcing Bar C-489-819

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Our customs attorneys represent importers in ADCVD issues.

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