U.S. Department of Commerce Proposes Drastic Policy Change in Handling Antidumping Administrative Reviews of Non-Market Economy Countries, Including China


The Department of Commerce is proposing to change one of its practices in conducting antidumping administrative reviews of nonmarket economy (NME) countries (e.g., China). This proposal would impact how U.S. companies purchase and import merchandise subject to antidumping duties, and could lead to increased obligations on these importers to participate in annual administrative reviews.

As background, currently when an importer enters merchandise subject to an antidumping duty order, it must deposit antidumping duties. In cases involving China, specific cash deposit rates are assigned to exporters who participate in an investigation or prior administrative review. If the importer purchases directly from an exporter, the importer may claim the exporter’s cash deposit rate. The importer may also use a Chinese exporter’s specific rate if that importer purchases from an intermediary in a market economy country (e.g., Taiwan) who is in turn supplied by the Chinese exporter.

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