The International Trade Administration has issued a final rule that aims to strengthen the administration of antidumping and countervailing duty laws by making importers directly responsible for the payment of AD and CV duties. Effective for all AD/CV investigations initiated on the basis of petitions filed on or after Nov. 2, provisional measures during an investigation will normally take the form of a cash deposit, and importers will generally no longer be permitted to post bonds during the provisional measures period. The ITA notes that the circumstances under which it may allow the posting of bonds will be “rare and unusual” and will be evaluated on a case-by-case basis.
Provisional measures are applied during the period between the publication of the ITA’s preliminary affirmative AD or CV duty determination and the earlier of (1) the expiration of the applicable time period set forth in sections 703(d) and 733(d) the Tariff Act of 1930 or (2) the publication of the International Trade Commission’s final affirmative AD or CV injury determination. During this period the ITA is instructed by the Act to order the posting of a cash deposit, bond or other security, as it deems appropriate. Read more here.
