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Showing posts from June, 2014

McLean-Fogg Ruling Threatens Tariff Calculations

To properly explain this ruling, let me start with a little background.  Every year the Department of Commerce (DOC) conducts an administrative review on the anti-dumping (AD) and countervailing (CVD) duty rates.  The review begins with the DOC inviting Chinese exporters and U.S. importers to petition the DOC for a separate rate (i.e., a rate separate from the China-wide rate (“PRC-rate”)).  In our case the number of requests has ranged from 50 to 70 or so in the second review covering up to 150 companies for which reviews have been request and  a similar number in the third annual review just getting underway.  From this pool of requests the DOC will select two mandatory respondents to review and provide production data, sales records, and a myriad of other documentation the DOC will use to calculate dumping and subsidy rates for the current review period.  At the end of the review, the two mandatory respondents will be forced to pay the new calculated assessment rate covering impor…