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

FAQs for the Preliminary Determination of an Antidumping Duty and/or Countervailing Duty Investigation

EC AD/CVD Preliminary Determination Next Steps
  • After issuing a preliminary determination, the law requires Commerce to conduct verifications of the information submitted by the foreign producers and the Government subject to the investigation. Verification is the process by which Commerce validates the information and data submitted by the foreign producers and the foreign government before issuing its final determinations. Upon completion of the verification, Commerce will issue a report that summarizes its findings.
  • All interested parties in an AD/CVD investigation are given a full opportunity to participate in the proceeding and to file comments and factual information on the case records.
  • For the full timeline of an AD/CVD investigation, please refer to our page that outlines the statutory time frame.
EC AD/CVD Preliminary FAQs


Dumping occurs when a foreign producer sells its product at a lower price in the importing country than it does in its home country, in other primary markets, or below its production costs.

A subsidy is a financial contribution provided by a government or any public body which confers a benefit to an entity. Subsidies are “countervailable” if they are provided specifically to certain enterprises or industries, or groups thereof.

For all producers/exporters of subject merchandise, Commerce will instruct U.S. Customs and Border Protection (CBP) to require cash deposits on imported merchandise in amounts equal to the preliminary dumping/subsidy rates (see case-specific fact sheet). CBP will be instructed to impose provisional, or temporary, measures on the date of publication of the preliminary determination in the Federal Register. The provisional measures period is limited by law to no more than four months after publication of an affirmative preliminary determination.

The preliminary determination also provides the public and interested parties with a Decision Memorandum, which summarizes Commerce’s decisions. Click here to see Decision Memoranda that are available to the public on the ITA website. Parties have an opportunity to comment on the preliminary decision before Commerce reaches its final determination.

Not necessarily; the findings that have been issued are preliminary. Interested parties have the opportunity to comment on the preliminary determination and the verification reports, and participate in a public hearing, if requested. Once the process is complete, Commerce will issue its final determination as to whether imports are being unfairly sold or subsidized and, if so, in what amount(s). The final rates may be different from the preliminary rates.

The United States maintains a bifurcated trade remedies system in which Commerce measures the amount of dumping and/or subsidization. Subsequently, the United States International Trade Commission (ITC), an independent agency, examines whether the U.S. industry has been injured as a result of dumped or unfairly subsidized merchandise. Commerce’s preliminary determination follows the ITC’s affirmative preliminary determination that there is a reasonable indication that the industry in the United States is materially injured by reason of dumped/unfairly subsidized imports. Both agencies now move toward the final phase of their respective investigation.

None. The trade remedy laws provide U.S. businesses and workers with a transparent and internationally-accepted mechanism to seek relief from the market-distorting effects caused by unfair pricing or subsidization. Investigations are conducted in accordance with U.S. law, and the decision to initiate an investigation is based solely on the record evidence. All Commerce decisions are based on information and argument contained in the official record of the proceeding, and are subject to potential review by U.S. courts and the World Trade Organization dispute settlement system.

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Global Business Navigator Chatbot Beta

Welcome to the Global Business Navigator, an artificial intelligence (AI) Chatbot from the International Trade Administration (ITA). This tool, currently in beta version testing, is designed to provide general information on the exporting process and the resources available to assist new and experienced U.S. exporters. The Chatbot, developed using Microsoft’s Azure AI services, is trained on ITA’s export-related content and aims to quickly get users the information they need. The Chatbot is intended to make the benefits of exporting more accessible by understanding non-expert language, idiomatic expressions, and foreign languages.

Limitations

As a beta product, the Chatbot is currently being tested and its responses may occasionally produce inaccurate or incomplete information. The Chatbot is trained to decline out of scope or inappropriate requests. The Chatbot’s knowledge is limited to the public information on the Export Solutions web pages of Trade.gov, which covers a wide range of topics on exporting. While it cannot provide responses specific to a company’s product or a specific foreign market, its reference pages will guide you to other relevant government resources and market research. Always double-check the Chatbot’s responses using the provided references or by visiting the Export Solutions web pages on Trade.gov. Do not use its responses as legal or professional advice. Inaccurate advice from the Chatbot would not be a defense to violating any export rules or regulations.

Privacy

The Chatbot does not collect information about users and does not use the contents of users’ chat history to learn new information. All feedback is anonymous. Please do not enter personally identifiable information (PII), sensitive, or proprietary information into the Chatbot. Your conversations will not be connected to other interactions or accounts with ITA. Conversations with the Chatbot may be reviewed to help ITA improve the tool and address harmful, illegal, or otherwise inappropriate questions.

Translation

The Chatbot supports a wide range of languages. Because the Chatbot is trained in English and responses are translated, you should verify the translation. For example, the Chatbot may have difficulty with acronyms, abbreviations, and nuances in a language other than English.

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