Once a petition is filed to both the Department of Commerce (DOC) and International Trade Commission (ITC), the DOC has 20 days to review and decide if it meets all the requirements. During these 20 days, the petitioner can also file comments on exactly which products should be investigated. Once the DOC decides that the petition meets the requirements, the investigation begins.
45 days after the petition is filed, the ITC will make its first preliminary determination on whether the industry is being harmed. In an antidumping duty (AD) investigation, DOC’s preliminary determination will be 140 days from initiation, and in a countervailing duty (CVD) investigation, DOC will announce its determination 65 days from initiation. However, these deadlines may be extended.
In an AD investigation, the DOC will make its final determination 215 days after the petition is initiated. In a CVD investigation, the DOC will make its final determination 75 days after the petition is initiated. If it affirmative, the ITC continues their investigation and make its determinations 45 days from the DOC’s announcement. However, these deadlines may be extended. If the ITC’s final determination is affirmative, the DOC will issue the order in 7 days.
At both the preliminary determination stage and the final determination stage, both the DOC and the ITC must reach affirmative determinations. If at either stage, one makes a negative determination, the investigation for that country is terminated.