Trade Cases

AD/CVD Anniversary Dates

Written by Lewis Leibowitz

A number of our readers have requested details regarding the CORE (corrosion resistant which is galvanized, Galvalume, etc.), cold rolled and hot rolled trade suit status and when the one-year anniversary for each product are potential reviews are due. Steel Market Update (SMU) went to trade attorney Lewis Leibowitz for answers and he provided the following details:

For antidumping and countervailing duty cases, the key date is the publication of the AD or CVD orders for each product.  Here are dates for the three steel AD/CVD orders (hot-rolled, cold-rolled, corrosion-resistant):

Corrosion-resistant:      July 25, 2016 (AD and CVD)
Cold-rolled:                    Sept. 20, 2016 (AD and CVD)
Hot-rolled:                      Oct. 3, 2016 (AD and CVD)

The “anniversary months” of the orders are July, September and October, respectively.  On or about the first day of the anniversary month, Commerce will publish a notice to parties that they can request administrative reviews of the order.  Parties have until the last day of the month to request a review.  If a review is requested, Commerce will initiate an administrative review of each exporter or producer. The review usually takes a bit over a year to complete.  The final review determination will assess the final duties for each reviewed company, and set new deposit rates, which will be effective upon publication of the “final results” of the administrative reviews.  Each year thereafter, for at least five years, the same process will take place.

For companies not reviewed, the deposit rate at the time of entry will be the final rate.

SMU Note: It is important to note that the review will not begin until a request has been made by one, or more, of the parties involved. The review then could take at least a year to conclude (2018). It is also important to note that the review could end up changing duty rates up or down.

Lewis Leibowitz, SMU Contributor

Lewis Leibowitz

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