DOC to Publish Final Rule on Company-Specific Revocation of Antidumping and Countervailing Duty Orders
The U.S. Department of Commerce (DOC) issued its final rule concerning the revocation of antidumping and countervailing duty orders “in part” with respect to specific companies. The provisions for other types of revocations, both “in whole” and “in part,” remain unchanged. The new rule will be effective June 20, 2012, and will apply to all reviews initiated on or after that date.
“Revocation” is a term of art that refers to the end of an antidumping or countervailing duty proceeding in which an order has been issued. Previously, individual manufacturers or exporters could have their own company-specific antidumping duty order revoked if they sold the subject merchandise in the United States in commercial quantities and, in so doing, received antidumping rates of zero for three consecutive years. Similarly, individual manufacturers or exporters could have their own company-specific countervailing duty order revoked if they received countervailing duty rates of zero for five consecutive years. This type of “revocation in part” allowed individual manufacturers or exporters to be freed from the terms of an antidumping or countervailing duty order even if other affected manufacturers or exporters did not achieve these rates. Under the new rule, individual manufacturers and exporters will be unable to ask for revocation of the relevant antidumping or countervailing duty order for their individual company alone, even if that company achieves the relevant rates for the specified time period.
Orders may continue to be revoked “in part” if, for example, a manufacturer or exporter demonstrates that substantially all of the domestic industry lacks interest in maintaining the order on a certain type of subject merchandise. Orders may also be revoked “in whole” if all covered manufacturers and exporters achieve antidumping rates of zero for three consecutive years or countervailing duty rates of zero for five consecutive years.