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U.S. Antidumping & Countervailing Duties
Information and Resources for U.S. Trade Remedy Laws and Ongoing Proceedings

Circumvention Video Transcript

Circumvention Video Transcript

Antidumping and Countervailing duties, or AD/CVD duties, are designed to provide relief to U.S. domestic industries when they are facing unfair foreign competition.AD/CVD duties work by bridging the gap between the unfairly priced or subsidized imports that are sold in the US market applying duties at the border. These duties help American companies remain competitive by maintaining a level playing field. However, sometimes, importers and foreign entities try to avoid these duties.

One of the ways that they do this is through “circumvention” and it risks undermining the benefits that AD/CVD duties provide. Although it can take a few different forms, circumvention often involves a company skirting duties by either completing some of the product in a third-party country, or by modifying the product so it no longer fits the product description, as detailed in the “scope.”

Take, for example, a product like pencils. If an AD/CVD order is in place on pencils imported from Country A, then imports of these pencils will be subject to duties at the border. In an effort to avoid these duties, Country A begins producing pencils without erasers, and then sends them to Country B. Once in Country B, an eraser is added before being sent to the United States, as if they were from Country B originally. These pencils now undermine the effectiveness of AD/CVD duties, undermine the rules, and threaten the competitiveness of American companies. When this happens, American companies can petition commerce to examine whether circumvention is occurring.

If commerce finds circumvention is occurring, the products “circumventing” the rules would then be subject to AD/CVD duties. For example, the pencils from Country B will receive duties at the same rates as pencils from Country A, thus maintaining a level playing field for the domestic industry.

With a fair market, American companies continue to compete fairly, invest and grow in their business and maintain and create more jobs.

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