On April 22, 2014, the International Trade Administration (ITA) of the Department of Commerce (DOC) published in the Federal Register a final rule (79 FR 22371) in an attempt to clarify the status of previously withdrawn targeted dumping regulations. The DOC’s practice regarding targeted dumping has been in flux since December 2008, when the DOC withdrew regulations that previously had governed targeted dumping in AD investigations as expressed in its interim final rule (73 FR 74930) on December 10, 2008. The final rule determined that the DOC would continue to not apply the withdrawn targeted dumping regulations in AD investigations.
Targeted dumping occurs when there is a pattern of export prices that differ significantly among purchasers, regions or periods of time, and such differences cannot be taken into account using the DOC’s normal dumping margin calculation methodologies. Normally, the DOC will calculate margins by one of two methods (1) “average-to-average method”— comparing the weighted average of normal values to the weighted average of export prices for comparable merchandise or (2) “transaction-to-transaction method”—comparing the normal value of individual transactions to the export prices of individual transactions for comparable merchandise. If the DOC finds targeted dumping, it instead calculates margins using an “average-to-transaction method” that compares the weighted average of the normal values to the export prices of individual transactions of comparable merchandise.
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