ITA Won’t Apply Withdrawn Regulations on Targeted Dumping in AD Investigations
The International Trade Administration has issued a final rule under which it will continue to not apply regulatory provisions governing targeted dumping in antidumping duty investigations that were withdrawn in December 2008. Instead, the ITA will continue to determine based on the particular facts in each case whether to apply an alternative differential pricing analysis it has developed and employed to consider whether the average-to-average method applied to all U.S. sales is an appropriate tool to determine the amount of dumping for a given respondent. This rule will become effective as of May 22 and apply to all AD investigations initiated on or after that date.
The withdrawn regulations instructed the ITA on how to compare normal value and export price or constructed export price under certain factual scenarios. In June 2013 the Court of International Trade ordered the ITA to apply these regulations in its reconsideration of a final AD duty determination, ruling that the withdrawal was improper because it did not satisfy the notice and comment requirements of the Administrative Procedure Act. The ITA disagreed and maintained that the withdrawn regulations are not operative but nevertheless initiated this rulemaking process to seek public comment on whether to reinstate the regulations or continue to treat them as withdrawn. With the conclusion of this process the ITA asserts that it has fully complied with the APA requirements.