CBP posted a slightly updated “Guidance for Certificates of Reimbursement” for antidumping (AD) duties that gives information on protests, the option for paperless filing using the Automated Commercial Environment (ACE), and provides additional information regarding blanket certificates, related parties, deemed liquidations, and certificates for companion countervailing (CV) duties. The new version makes clear paper certificates are still acceptable. The update adds to the significant revisions CBP made to the guidance in March.
The March 2012 law allowing countervailing duties on non-market economy (NME) countries like China and Vietnam is not unconstitutional, ruled the Court of International Trade, even though the law is retroactive in application, and creates a “special rule” allowing CV duties but not double counting adjustments for proceedings between 2006 and 2012. The law was hurriedly enacted to specifically allow imposition of CV duties on NME countries, after the Court of Appeals for the Federal Circuit upheld a 2010 CIT ruling that the law, as it existed at the time, did not allow for their imposition. Without the law, the International Trade Administration may have had to end 24 (now 26) CV duty orders on products from China and Vietnam, and refund CV duties collected.
U.S. Customs and Border Protection has revised and expanded its 2005 “Guidance for Certificates of Reimbursement” for antidumping (AD) duties in order to provide updated information on protests, the option for paperless filing using ACE, and provide additional information regarding blanket certificates, related parties, deemed liquidations, and certificates for companion countervailing (CV) duties.
A listing of recent antidumping and countervailing duty messages posted to CBP's Web site as of November 16, 2011, along with the case number(s) and CBP message number, is provided below. These messages are available by searching on the listed CBP message number at http://addcvd.cbp.gov.
The International Trade Administration has issued a final rule to modify its antidumping and countervailing duty regulations under 19 CFR Part 351 so that the posting of cash deposits will be the normal1 provisional measure used from the date of the affirmative preliminary determination until the AD or CV order’s effective date2. The posting of bonds will no longer be allowed during this provisional measures3 period.
The International Trade Administration is issuing a final rule that will amend its regulations governing the effect of an affirmative preliminary determination in antidumping (AD) or countervailing (CV) duty proceedings to no longer allow bonds as a provisional measure (for entries during the time period before an AD or CV order is issued). According to the final rule, cash deposits will normally be the provisional measure used.
A Turkish pasta producer, Marsan Gida Sanayi ve Ticaret A.S., under new ownership, Gidasa Sabanci Gida Sanayi ve Ticaret A.S., sought to preserve the company’s prior countervailing duty rate for its goods from Turkey, but the International Trade Administration, using a new CVD changed circumstances methodology it had previously been considering, found that the successor company was no longer the same subsidized entity and instead should get the “all others” cash deposit rate of 9.38%. (The new approach, among other concerns, seeks evidence of “significant changes in operations, ownership, corporate or legal structure” that could affect the nature and extent of a company’s subsidy levels.) The Court of International Trade found the ITA’s interpretation reasonable and upheld its final determination. (Slip-Op. 11-20, dated 02/16/11)
The International Trade Administration has issued an interim final rule which amends the requirements for certifications that must accompany submissions by businesses and government (and by legal counsel or other representatives, if applicable) of factual information in antidumping and countervailing duty proceedings, in order to lengthen and strengthen the current certification language.
The International Trade Administration has made a final affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of drill pipe from China (C-570-966).
The International Trade Administration has posted itsNovember 2010 report to Congress on the "Relative Advantages and Disadvantages of Retrospective and Prospective Antidumping and Countervailing Duty Collection Systems." As discussed in the report, the U.S. is the only major user of AD/CVD trade remedies that implements a retrospective system of duty assessment.