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Antidumping/Int'l Pricing Laura Delgado Antidumping/Int'l Pricing Laura Delgado

Recent Filings at the USITC

As 2018 came to a close, there were numerous new filings at the U.S. International Trade Commission. Since our last article, these filings include 337 Complaints, 701 (countervailing duty) & 731 (antidumping duty) Petitions, 131 Requests, and one request for investigation under sections 201-202 of the Trade Act of 1974.

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Antidumping/Int'l Pricing Capital Trade, Inc. Antidumping/Int'l Pricing Capital Trade, Inc.

How the Proposed Border Adjustment Tax Would Affect Dumping Margins

The proposed tax plan has the potential to influence U.S. trade remedy investigations, which depend on the prices at which imported products are sold in the U.S. market and home market prices.  This blog examines how the BAT might affect one aspect of U.S. antidumping investigations: the calculation of dumping margins by the Department of Commerce

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Antidumping/Int'l Pricing Brian Westenbroek Antidumping/Int'l Pricing Brian Westenbroek

Surrogate Country Power Rankings 2014

In December 2014, Commerce released its new list of surrogate countries for China. Neither Indonesia nor the Philippines are on the new list, meaning that Commerce and parties in China NME cases will face increasing difficulties in finding usable surrogate countries on the official list, outside of Thailand. Perhaps reflecting these new difficulties, Commerce has begun to allow more countries not on the list to serve as surrogate countries.

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Antidumping/Int'l Pricing Brian Westenbroek Antidumping/Int'l Pricing Brian Westenbroek

ITC 2014 Year in Review

2014 was another eventful year at the ITC for antidumping (AD) and countervailing duty (CVD) cases with some 8 petitions filed, 14 investigations completed, and 23 sunset votes on 40 orders. The 8 AD/CVD petitions filed in 2014 were down from the 14 filed last year, but still above the 5 cases filed in 2012.

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Reviewing ITC Sunsets

In total 77.8 percent of all reviews have gone affirmative while only 22.2 percent have gone negative. With each subsequent review cycle, the percentage of cases going affirmative has increased; specifically, 75.4 percent, 78.6 percent, and 89.2 percent of reviews have gone affirmative in the first, second, and third reviews of cases respectively.

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Antidumping/Int'l Pricing Mary Ann McCleary Antidumping/Int'l Pricing Mary Ann McCleary

Differential Pricing – the New Targeting

The former “Nails Test” method for identifying whether a company engaged in targeted dumping was wholly replaced by a two-staged test known as the Differential Pricing Analysis. Beginning in March, 2013 with the Xanthan Gum cases from China and Austria, the Department has applied this new methodology over 50 times with interesting results.

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