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Anti-Dumping and Countervailing Duties Flashcards

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  1. What is the primary purpose of anti-dumping (AD) duties imposed by the United States?

    Answer: To offset the price advantage gained when foreign goods are sold in the U.S. below fair market value

    Anti-dumping duties offset the unfair price advantage when foreign merchandise is sold in the U.S. at less than fair value (LTFV), protecting domestic industries from injury caused by such pricing.

  2. Which U.S. agency investigates whether merchandise is being sold at less than fair value (LTFV) and calculates dumping margins?

    Answer: Department of Commerce (DOC)

    The Department of Commerce (DOC) investigates whether foreign merchandise is sold at LTFV and calculates dumping margins, while the USITC separately determines injury to domestic industries.

  3. In U.S. trade law, 'dumping' is most accurately defined as selling imported merchandise at:

    Answer: Less than fair value, typically below the comparable price in the exporter's home market

    Dumping occurs when foreign merchandise is sold in the U.S. at less than fair value (LTFV), which is typically measured against the price in the exporter's home market or a constructed value.

  4. Which U.S. agency determines whether a domestic industry has been materially injured or threatened with injury in AD and CVD investigations?

    Answer: U.S. International Trade Commission (USITC)

    The USITC is an independent quasi-judicial agency that determines whether a U.S. industry is materially injured or threatened by reason of dumped or subsidized imports.

  5. Under which statute are U.S. anti-dumping and countervailing duty laws primarily codified?

    Answer: Title VII of the Tariff Act of 1930

    Anti-dumping and countervailing duty laws are codified under Title VII of the Tariff Act of 1930 (as amended), which establishes the framework for AD/CVD investigations and orders.

  6. What is a 'dumping margin' as calculated in an anti-dumping investigation?

    Answer: The percentage by which the normal value exceeds the U.S. export price

    The dumping margin is the percentage difference by which the normal value (home market price or constructed value) exceeds the export price to the U.S., representing the degree of dumping.

  7. What must CBP do with merchandise subject to an anti-dumping duty order when it is imported into the United States?

    Answer: Collect a cash deposit at the applicable AD duty rate at the time of entry

    CBP collects a cash deposit equal to the applicable AD duty rate at the time of entry, representing an estimated duty subject to administrative review and final assessment upon liquidation.