Department of Commerce (DOC)
The United States Department of Commerce (DOC) works with businesses, universities, communities, and the Nation’s workers to promote job creation, economic growth, sustainable development, and improved standards of living for Americans.
Antidumping and Countervailing Duty
Antidumping and countervailing duty laws are administered jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“DOC”). Each agency has specific responsibilities under the law. DOC determines whether the alleged dumping or subsidizing is occurring, and if so, the margin of dumping or amount of subsidy. The USITC determines whether the U.S. industry is materially injured or threatened with material injury by reason of the imports under investigation.
If both DOC and the USITC reach affirmative final determinations on their individual questions, then DOC will issue an antidumping duty order to offset the dumping or a countervailing duty order to offset the subsidy.
When an antidumping or countervailing duty order is imposed, DOC instructs the U.S. Customs and Border Protection ("CBP") to assess antidumping and/or countervailing duties on imports of the product into the United States to offset the unfair trade practice.
The Uruguay Round Agreements Act, approved in late 1994, amended the antidumping and countervailing duty laws in several respects. One of the most significant changes is the provision requiring the Department of Commerce and the Commission to conduct reviews no later than five years after an antidumping or countervailing duty order is issued to determine whether revoking the order would be likely to lead to continuation or recurrence of dumping or subsidies (DOC) and of material injury (USITC).
This requirement resulted in reviews of all outstanding antidumping and countervailing duty orders in existence as of January 1, 1995, over a three-year "transition period" that began in July 1998 and ended in June 2001. Original first reviews of antidumping and countervailing duty orders issued after January 1, 1995, are conducted five years after the effective date of the original order. Subsequent reviews (i.e., second reviews, third reviews, etc.) are conducted five years after the effective date of any continuation order.
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