Administrative Review Video Transcript
An anti-dumping and/or countervailing duty investigation was affirmative, and an order to collect duties is now in place to level the playing field for domestic manufacturers against the unfairly traded imports. Now that estimated duties are being collected by U.S. Customs and Border Protection (CBP), What happens next?
US law allows interested parties an opportunity to request a review of the duty rates each year, a process known as an administrative review. An administrative review ensures that duty rates accurately reflect the amount of dumping and unfair subsidization.
But how does the administrative review process work? Any interested party can request an administrative review on certain entries. This includes the petitioner, a U.S. producer, an importer, an exporter or foreign producer, or it could even be a representative of a foreign government.
Interested parties can request this review only once a year during the anniversary month of the original AD/CVD order. For example, if the order went into effect in January, interested parties will have to wait until the next January before they can request an administrative review. And if they don’t request a review during the anniversary month, then the current rate will stay in place, and they will have to wait a year before they can submit a request.
During the administrative review, Commerce uses the real import data from the previous year to calculate the rates for the next year. Using the data from the previous year ensures that the duty rates are accurate, specific and not speculative. The newly calculated rates go into effect only after the final determination is made. It generally takes 12 - 18 months to complete an administrative review. If no request for an administrative review is made, then the rates remain unchanged.
Administrative reviews help to ensure that duty rates reflect reality and ensure a level playing field. If you have any questions on administrative reviews, please email ECCommunications@trade.gov.
