What is a Scope Ruling?
Antidumping and Countervailing 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, and (2) a list of HTS tariff provisions that could be impacted (this list is not intended to be either definitive or exhaustive). Sometimes the narrative language describing the products within "Scope" may be uncertain or unclear. In such instances, a scope ruling request may be filed with the Department of Commerce. Commerce will then generally provide a written scope decision within approximately 45 days.
The process for requesting a scope ruling is not particularly simple, and typically an attorney is needed to accomplish these filing requirements. It is important the scope ruling request be argued clearly, invoking all appropriate legal principles and precedents. Domestic interests may hold an interest in opposing the scope request of an importer, and may impose their own countervailing arguments within the scope proceeding. Experienced counsel is needed to guide the way.
Our customs attorneys represent importers in scope and ADCVD issues.
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