The U.S. Department of Commerce announced the revised regulations on “anti-dumping duties and balancing taxes” on September 20, 2021. U.S. Commerce Secretary Gina Raimondo said that the Department is committed to protecting American workers, farmers, Companies are protected from unfair trade harm. This revision of the regulations is the most comprehensive update of trade remedy regulations in 20 years. Part of the revised regulations will take effect on October 20, 2021, and other parts will take effect on November 4, 2021.
The key points of this revised regulation are as follows:
1. “New Shipper Reviews” ):
1. Background: This review is a quick procedure for new manufacturers to obtain their individual dumping differences or subsidy tax rates. New manufacturers refer to exporters or manufacturers that did not export to the United States during the original AD or CVD investigation, and are not affiliated with an exporter or producer under investigation.
2. Current regulations: When a new manufacturer applies for this review, it does not need to submit information to prove whether its transactions with unaffiliated customers constitute bona fide sales. ).
3. Amended regulations:
(1) In order to prevent manufacturers from abusing the review process, manufacturers are required to During the review period, the cash deposit for AD/CVD tax cannot be replaced by bonds or securities;
(2) Added that the Ministry of Commerce will determine whether it constitutes good faith Factors to consider in the transaction, such as whether the exporter, manufacturer or customer was established due to the imposition of AD/CVD tax, and whether there are business transactions between them that are unrelated to the product under investigation;
(3) If the exporter or manufacturer fails to prove that its transactions with unrelated customers are bona fide transactions, DOC may withdraw the review.
(4) Effective date: October 20, 2021.
2. “Anti-circumvention” investigation and decision:
1. Background: “Anti-circumvention” The purpose of the investigation is to prevent exporters or manufacturers who are subject to AD or CVD from exporting the original involved product components to the United States (or a third country), and then simply assembling them locally, or changing the product type to avoid AD or CVD.
2. Current regulations: The current “anti-circumvention” investigation system stipulates the scope determination in the “anti-dumping and balancing tax” regulations and the determination of relevant regulations in individual cases. explanation of.
3. Amend the regulations: DOC establishes a new independent chapter in its regulations for “anti-circumvention” investigations and decisions, integrating past DOC’s “anti-circumvention” investigations Most of the practical practices, the key points include:
(1) It is clearly stipulated that DOC can initiate anti-circumvention investigations based on the application of interested parties, or initiate investigations on its own;
(2) DOC shall decide whether to initiate an investigation within 30 days (can be extended to 45 days) after the relevant application, and shall make a final decision within 300 days (can be extended to 365 days) Ruling.
(3) The “anti-circumvention” decision can be applied to all manufacturers in the country under investigation (country-wide).
(4) Effective date: November 4, 2021.
3. Require the importer or exporter to issue a certificate:
1. Background: DOC must be in Including “anti-circumvention” investigations, importers, exporters or other interested parties are required to issue certificates to confirm whether specific goods are within the scope of application of the AD/CVD order.
2. Current regulations: There is no explicit regulation before, but in practice, DOC will require importers and other interested parties to issue certificates.
3. Amended regulations: DOC has compiled and formulated this new specification based on past practices, and may require importers, exporters or other interested parties to issue If the party concerned fails to provide proof of “whether specific goods are subject to an AD/CVD order” or the certificate contains materially false, fictitious or fraudulent statements, DOC may request the customs to collect cash security for the AD/CVD order.
4. Effective date: October 20, 2021.
4. Press releases and explanations from the U.S. Department of Commerce and related reports are at the attachment.pdf
