The International Trade Administration is accepting comments through Sept. 10 on a proposed rule that would make dozens of changes to the regulations on antidumping and countervailing duty proceedings, including with respect to the collection of cash deposits, the application of AD duty rates in nonmarket economy proceedings, the calculation of “all others” rates, the selection of examined respondents, and the attribution of subsidies.
Specific proposed changes include the following.
- clarifying that the ITA may share business proprietary information with U.S. Customs and Border Protection officials involved in negligence, gross negligence, or fraud investigations
- describing situations in which the ITA applies cash deposit rates in a producer/exporter combination and the process by which such a combination may be excluded from provisional measures and an AD/CV duty order
- setting forth an AD cash deposit hierarchy for imports from market economies, an AD cash deposit hierarchy for imports from NMEs, and a CV cash deposit hierarchy
- explaining that if an entity located in an NME is majority-owned by the government it will not receive a separate AD/CV duty rate and describing additional scenarios in which an entity in an NME will not receive a separate rate if the government owns 50 percent or less of its shares
- addressing the ITA’s methodologies for selecting respondents in investigations and administrative reviews, including allowing for a single countrywide subsidy rate and clarifying that an NME entity rate is not the same thing as an all-others rate
- setting forth the criteria the ITA would normally consider in selecting an amount of profit normally realized by exporters or producers in connection with the sale of same or similar merchandise in determining constructed value
- enhancing the ITA’s selection of economically comparable countries as part of its NME methodology by allowing it to consider factors including the size and composition of export activity in certain countries and the availability, accessibility, and quality of data from those countries
- adding a new provision addressing export subsidies that exempt, remit, or defer indirect taxes and import charges on capital goods and equipment
The proposed rule could result in higher AD/CV duties on goods imported from China and other NMEs. For more information, please contact attorney Kristen Smith at (202) 730-4965 or via email.
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