|Safeguarding American Industries and Jobs against Unfair Trade|
|foreign case monitoring|
Why Do We Need Information on Foreign AD/CVD Cases?
The U.S. must monitor cases filed against its exporters in order to assist these U.S. companies with the procedural and technical requirements that must be met when responding to foreign antidumping ("AD") and countervailing duty ("CVD") investigations, and to make certain that actions being taken by foreign governments are consistent with the WTO Antidumping and Subsidies & Countervailing Measures ("SCM") Agreements. Because an antidumping or countervailing duty investigation can result in duties, often at very high levels, U.S. exporters' sales could be significantly reduced or eliminated if the companies involved are unable to defend their interests in an informed fashion.
What Sort of Information Do We Collect?
Under the WTO Antidumping Agreement, foreign governments are to avoid publicizing an application for the initiation of an investigation. However, after receipt of a properly documented application, and before proceeding to initiate an investigation, the authorities are required to notify the government of the exporting Member concerned.
Prior notice of any claim against the United States is extremely important to U.S. industries -- particularly industries which rely on associations to disseminate information to their many members. The associations need to compile, preferably ahead of time, the type of information that will be requested of companies in questionnaires issued by the importing countries -- such as when the products were sold, their prices, channels of distribution, etc. The more lead time U.S. companies have in being able to prepare their defenses, the better result they can expect.
We track events as they occur during the course of a foreign AD or CVD investigation. Along with prior notice of a case, we obtain copies of the complaints that are filed and subsequent initiation notices, so that we may examine them for consistency with international legal requirements. Copies of the main determinations in AD and CVD cases -- meaning both preliminary and final determinations made by government agencies in the cases -- are also forwarded to us.
How Is Such Information Used?
In tracking the course of an AD or CVD investigation, Commerce determines whether the case is being handled in conformity with U.S. bilateral and multilateral agreements. For example, if the case is not being handled in a transparent manner, this could be a violation of the WTO Antidumping or SCM Agreements. By reviewing actions taken by a foreign government in a case, we can hold our trading partners accountable.
What Assistance Is Provided By Commerce If You Are Involved In A Case?
Commerce closely monitors these proceedings so that U.S. companies can turn to us for assistance. If there is evidence that another country has failed to comply with the obligations of an existing bilateral or multilateral trade agreement, Commerce, working with other U.S. government agencies such as the Office of the U.S. Trade Representative, can consult with the offending country on a bilateral basis or even request WTO consultations in cases where U.S. companies are being treated in a fashion inconsistent with the requirements of the WTO.