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Blog Category: Countervailing Duty Law

How does Commerce’s Antidumping and Countervailing Duty Investigation Process Work?

In the next few weeks, the Department of Commerce is scheduled to release a series of determinations regarding antidumping (AD) and countervailing duty (CVD) investigations. In light of this, we wanted to share an explanation of the process.

Following U.S. law, regulation, and consistent with international trade rules, the Department of Commerce (Commerce) has the authority to conduct investigations of the alleged subsidization or dumping of foreign products sold in the United States.   

If a U.S. industry believes that it is being injured by dumped or subsidized imports, it may request the imposition of antidumping or countervailing duties by filing a petition with both the Department of Commerce and the United States International Trade Commission (ITC). Import Administration is the agency within Commerce’s International Trade Administration that investigates foreign producers and governments to determine whether dumping or subsidization has occurred and calculates the amount of dumping or subsidization.

If Commerce determines that a petition satisfies all requirements under the law to initiate an investigation, the agency will publish a Notice of Initiation in the Federal Register. The Notice of Initiation will lay out a general history of the proceeding, including dates of official filings as well as the scope of the investigation, explain how Commerce went about making a determination of industry support, and details how the petitioners went about estimating the existence of dumping or subsidization.