The International Trade Administration has provided additional details on a number of changes to its antidumping and countervailing duty scope and circumvention ruling procedures that were included in a Sept. 20 final rule and will apply from Nov. 4.
Among other things, the final rule provides that an interested party that submits a scope ruling application or a request for a circumvention inquiry must serve a copy of the application on all persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin. Once a scope or circumvention inquiry has been initiated a segment-specific service list will be established.
The ITA has now issued the initial procedures for the establishment of the annual inquiry service list for each AD and CV duty order and will begin creating such a list for each active order and suspended investigation in its online e-filing and document management system (ACCESS). Each annual inquiry service list will be saved in ACCESS under each case number and under a specific segment type called “AISLAnnual Inquiry Service List.”
From Sept. 27 through Oct. 27, an interested party may request to be added to the annual inquiry service list by submitting in ACCESS an entry of appearance in the annual inquiry service list segment of any order in which it qualifies as an interested party. No later than Nov. 4, the ITA will generate an annual inquiry service list for each order and suspended investigation based on the entries of appearance submitted by the interested parties. To be included in the initial creation of the annual inquiry service list all interested parties, including petitioners and governments of foreign countries, must follow these procedures and submit an initial entry of appearance.
After the initial creation of the annual inquiry service lists for all active orders and suspended investigations, the ITA will update each list on an annual basis beginning in January 2022. Each year during the anniversary month of an order or suspended investigation, the ITA will include in the monthly notice of opportunity to request administrative reviews published in the Federal Register a notification to all interested parties of their opportunity to submit an entry of appearance to be placed on the annual inquiry service list for the orders included in that month’s notice. Any interested party that did not previously appear on the list can submit a new entry of appearance at that time. With the exception of petitioners and foreign governments, all interested parties who previously appeared on an annual inquiry service list and wish to appear on the list for the next year will need to submit an amended entry of appearance in ACCESS after the opportunity notice publishes.
The ITA states that both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow. Accordingly, they should submit an initial entry of appearance to be in the first list for the orders for which they qualify as an interested party but will not need to resubmit an entry of appearance each year thereafter. That said, petitioners and foreign governments are still responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the applicable procedures.
For new orders and suspended investigations whose Federal Register notices are published after Sept. 27, the ITA will create an annual inquiry service list segment in ACCESS within five business days of publication of the notice of order or suspended investigation. Interested parties will have 30 days after the date of publication to submit an entry of appearance to be added to the new annual inquiry service list and the ITA will finalize the list within five business days thereafter.
For more information on AD/CV duty issues, including how to mitigate liability, please contact attorney Kristen Smith at (202) 730-4965 or via email.
Copyright © 2025 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.