AD/CVD Timeline Video Transcript

Antidumping and Countervailing Duties, also called AD/CVD duties, are the cornerstone of the United States’ defense against unfair trade practices by foreign companies and governments. But what does this look like? It all starts with a petition. Petitions are filed by U.S. businesses, trade associations, or workers facing the effects of unfair trade. 

Once a petition is filed with the U.S. Department of Commerce (Commerce), Commerce has 20 days to review the petition to see if it meets the necessary legal requirements. If it meets the requirements, Commerce will begin an investigation. For dumping investigations, Commerce has 140 days from the start of the investigation to make its preliminary determination, and 75 days from the preliminary determination to make its final determination. For investigations about unfair government subsidies (otherwise known as countervailing duty investigations), Commerce has 65 days from the start of the investigation to make its preliminary determination, and 75 days from the preliminary determination to make its final determination. 

Once Commerce makes its preliminary determination, U.S. Customs and Border Protection will begin collecting duties. While Commerce is investigating the amount of dumping or unfair subsidization, the International Trade Commission, or ITC, is investigating if the domestic industry is being negatively impacted by these products.  After Commerce makes its affirmative final determination, the ITC, an independent agency, has 45 days to complete its concurrent injury investigation.  If both Commerce and the ITC make affirmative final determinations then an AD and/or CVD order will be imposed in the amounts determined in Commerce’s investigation.

Once issued, the order will remain in place for 5 years. Every 5 years, Commerce reviews the order to determine if the original unfair trade practices are still happening. If so, then the order will remain in place for an additional 5 years. If not, then the order expires and duties will no longer be collected. 

If you would like information on how to file a petition, please contact ITA’s Trade Remedy Counseling and Initiations staff at petition.counseling@trade.gov.