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ITC Eases Requirements for Lost Sales and Revenue Information in AD/CV Petitions

Monday, August 31, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has approved a final rule easing the burden on petitioning parties to provide detailed information concerning lost sales and lost revenue allegations in antidumping and countervailing petitions filed with the Commission. This rule will be effective Oct. 1 and is applicable to all petitions filed with the ITC after that date.

In June 2014 the ITC amended its rules of practice and procedure to require petitioners to provide the email address, street address, city, state and five-digit zip code for each purchaser/contact with respect to each allegation of lost sales or lost revenue. Petitioners were also required to file any lost sales or lost revenue allegations identified in the petition via a separate electronic data entry process.

However, many of the respondents to an external survey the ITC conducted subsequent to that rule said it is difficult to provide the level of detail requested by the ITC, particularly specific dates, quantities and competing prices, and that compiling this information can be time consuming and costly for petitioners. Some respondents also observed that the specificity of the details in the allegation makes it possible for purchasers to deny allegations based on minor differences in details.

The ITC is therefore eliminating the requirement for petitions to include a listing of all sales or revenues lost by each petitioning firm by reason of the subject goods during the previous three years. Instead, petitions will have to include (via a separate electronic data entry process in a manner to be specified in the ITC’s Handbook on Filing Procedures) a listing of the main purchasers from which each petitioning firm experienced lost sales or lost revenue by reason of the subject goods during a period covering the three most recently completed calendar years and that portion of the current calendar year for which information is reasonably available. Physical addresses for these purchasers will no longer be required; instead, petitioners must provide the email address of the specific contact person, five-digit zip code, and the information identified in the template spreadsheet specified in the handbook.

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