Background

The International Trade Administration has issued a final rule modifying its regulations governing procedures related to administrative protective orders and service of documents submitted in antidumping and countervailing duty proceedings. These changes will apply to all AD/CV proceedings that are ongoing as of Oct. 30 as well as those initiated on or after that date.

Among other things, this final rule (1) makes permanent certain changes to procedures governing the filing of documents (including public documents, business proprietary documents, and public versions of business proprietary documents) that were adopted on a temporary basis due to COVID-19, (2) makes clarifications and corrections to other procedural aspects of the AD/CV regulations, including updates to the scope, circumvention, and covered merchandise referral regulations, and (3) deletes two provisions invalidated by the U.S. Court of Appeals for the Federal Circuit.

For more information on these changes or other AD/CV duty issues, including how to mitigate liability, please contact attorney Kristen Smith at (202) 730-4965 or via email.

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