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Antidumping Surrogate Values

When the Commerce Department conducts an antidumping investigation or review into a product from a non-market economy, it calculates the applicable AD rate by looking to surrogate values from third-party nations, given that the information from the NME producer is tainted by non-market forces. Selecting which companies and nations to use as the primary surrogates is subject to extensive litigation at the Court of International Trade and Court of Appeals for the Federal Circuit in an effort to either raise or lower an exporter's AD rate. Parties will discuss a variety of relevant factors, including the contemporaneity of the data, how similar a third-party company's product is to the product under review and the completeness of the data.

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Senators Claim Victory as Catfish AD Preliminary Decision Reversed
March 19, 2024 |Congress

Sens. John Kennedy, R-La., Cindy Hyde-Smith, R-Miss., and Katie Britt, R-Ala., claimed victory after the Commerce Department announced it isn't reducing antidumping duties on Vietnamese catfish from $2.39/kg to $0.14/kg (see 2403130061). They and other Southern Republicans had decried the preliminary decision earlier this year (see 2401220029). They said that reduction in duties ignored more than 20 years of precedent in the case, and would "also set a troubling precedent for the approximately 250 [non-market economy] proceedings involving communist governments before the Commerce Department."

AD/CVD Admin Reviews Begin for Wooden Bedroom Furniture, Softwood Lumber, Plywood
March 4, 2024 |AD/CV - Patent

The Commerce Department began administrative reviews for certain firms subject to antidumping and countervailing duty orders with January anniversary dates, it said in a notice. Producers and exporters subject to any of these administrative reviews on China must submit their separate rate certifications or applications by April 4 in order to avoid being assigned high China-wide rates.

Topics:Customs duty, Antidumping and Countervailing Duties (AD/CVD), CBP CROSS Rulings
AD/CVD Admin Reviews Begin for Wood Flooring, Solar Cells, Steel Fittings, Etc.
February 8, 2024 |AD/CV - Patent

The Commerce Department began administrative reviews for certain firms subject to antidumping duty and countervailing duty orders with December anniversary dates, it said in a notice. Producers and exporters subject to any of these administrative reviews on China must submit their separate rate certifications or applications by March 11 to avoid being assigned high China-wide rates.

Producers Say Not to Change Vietnam to Market Economy; Importers, Vietnam Disagree
January 4, 2024 by Mara Lee|Top News

Companies, labor unions and domestic producer coalitions that support antidumping and countervailing duties on Vietnamese exports all said Vietnam has not changed its practices enough to be considered a market economy in AD/CVD cases in the 21 years since the last evaluation of its status found it wasn't.

Topics:Customs duty, Uyghur Forced Labor Prevention Act (UFLPA), Forced Labor