New Schedule for Comments on Industry Support for a Petition

Arent Fox
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Arent Fox

In recent months, new and modified Department of Commerce regulations impacting antidumping (AD) and countervailing duty (CVD) proceedings have taken effect. These changes, which are intended “to strengthen and improve the administration and enforcement of the AD/CVD laws,” will have a significant impact on participants in AD/CVD proceedings.

What’s Changed?

  • The new regulations (19 C.F.R. § 351.203(g)), effective October 20, 2021, do not alter the substantive requirements for filing a petition nor Commerce’s process for determining the sufficiency of a petition, including the determination that a petition is supported by the domestic industry. 
  • The new regulations amend Section 203 by limiting the time during which parties may file comments on the issue of industry support. Under the prior regulations, any person who would qualify as an interested party could theoretically file comments on domestic industry support for a petition until the day Commerce initiates the investigation.

What to Know

  • Unchanged from the past regulations, Commerce has 20 days from the day a petition is filed to examine the accuracy and adequacy of the evidence provided in the petition and determine whether to initiate an investigation.  (This timeframe of 20 days may be extended to no longer than 40 days only on those cases where Commerce may be required to poll the industry in order to determine industry support.)
  • New subsection (g) (Section 203(g)) establishes a deadline for comments on industry support no later than five business days before the scheduled date of initiation, and rebuttal comments no later than two calendar days thereafter.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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