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Elements of an AD/CVD Petition

scope

Scope

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What is the “scope”? The scope is the detailed description of the imported merchandise that is being dumped and/or unfairly subsidized and injuring the U.S. industry.

What is its purpose? The scope defines the products to which any antidumping and/or countervailing duties may be applied. Additionally, the scope description will be used to determine the product-specific information the Department of Commerce collects in its dumping and/or subsidy analysis in an investigation.

 

Key Elements of the Scope:

  • Technical and physical characteristics of the imported product (e.g., the product’s physical dimensions, chemical composition, etc.)
  • Defined list of any products that are excluded from the scope
  • Current 10-digit U.S. classification number(s) (i.e., Harmonized Tariff Schedule of the United States subheadings) under which the imported product may be entered

 

Important Considerations:

  • The scope description should be an accurate reflection of the product for which the domestic industry is seeking relief, but should not be defined so narrowly that obvious circumvention issues could arise in the future.
  • The formal scope definition should not include end-use provisions but should be clear and specific enough to be effectively enforced by U.S. Customs and Border Protection.
  • The petition narrative should include a detailed description of the imported merchandise, including physical and technical characteristics, uses, and production processes, and whether such merchandise differs from the product produced in the United States.

 

Helpful Resources:

19 CFR 351.202(b)(5) of the Department of Commerce’s Regulations

Enforcement and Compliance – Scope Descriptions and Determinations for Current AD/CVD Orders 

ITC – Harmonized Tariff Schedule of the United States

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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.

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