Content provided by the Catalog of Federal Domestic Assistance
for Unfair Foreign Trade Practices_Antidumping and Countervailing Duty
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF
Tariff Act of 1930, as amended; Trade Agreements Act of
1979; Trade and Tariff Act of 1984; Trade Act of 1988; Uruguay Round
Agreements Act, 19 U.S.C. 1339, 1516a, 1673-1673h, 1675-1677n.
To protect U.S. industry from injury by sales of foreign
merchandise at less than fair value in the United States and by unfair
subsidies bestowed by foreign governments.
TYPES OF ASSISTANCE:
Provision of Specialized Services.|
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Investigation of Complaints.|
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USES AND USE RESTRICTIONS:
Antidumping Duty petitions filed by domestic industry are investigated.
Special dumping duties are assessed against imported foreign merchandise
entering in the U.S. at less than the foreign market price should the
Secretary of Commerce determine that dumping has occurred, and the
International Trade Commission find the dumping to cause, or threaten to
cause, material injury to the competing U.S. industry. Countervailing Duty
petitions filed by domestic industry are investigated. If the Secretary of
Commerce determines a countervail able subsidy is being bestowed and the
International Trade Commission determines that the subsidy causes, or
threatens to cause material injury to U.S. industry, countervailing duties are
assessed on imports of subsidized merchandise from the bestowing country.
Duties are intended to offset the unfair competitive effects of dumping or
Applicant Eligibility: Any interested party who has
information that merchandise is being, or is likely to be, imported into the
United States under such circumstances as to bring it within the purview of
the Tariff Act of 1930, as amended, may, on behalf of the industry in the
United States which produces like merchandise, communicate such information to
the Import Administration, International Trade Administration, U.S. Department
of Commerce. Domestic producers or workers who support the petition must
account for at least 25 percent of the domestic production of the like
APPLICATION AND AWARD PROCESS:
Beneficiary Eligibility: The industry being
adversely affected by imports of like products which are the subject of a
dumping or subsidy finding.
Credentials/Documentation: Communications must
contain: The name and address of the petitioner with pertinent documentation;
the names and addresses of all known foreign firms believed to be exporting
the dumped or subsidized products to the U.S.; a description of the
merchandise involved; information with respect to home market or third country
sales prices and/or cost, prices and sales in the U.S.; information with
respect to the alleged countervail able subsidy; and information indicating
that an industry in the U.S. is being injured materially by the imports.
Pre-application Coordination: Not required; a
conference with Import Administration officials is recommended. This program
is excluded from coverage under E.O. 12372.
Application Procedure: Representatives of U.S.
industries should consult 19 CFR 351.202.
Award Procedure: Generally within 20 days of
receipt of a proper petition, a decision regarding the initiation of an
investigation is made. If the investigation is initiated by the Department of
Commerce, a notice is published in the Federal Register. Then, generally
within 45 days of receipt of a proper petition, the International Trade
Commission (ITC) must determine whether there is a reasonable indication of
injury to the domestic industry. If sales are subsequently found to have been
made at less than fair value (dumped) or a subsidy has been bestowed, the
Secretary of Commerce issues a determination to that effect. The case is then
sent back to the ITC for a final determination as to whether or not the dumped
or subsidized imports are causing, or are likely to cause, material injury to
the industry in the United States. If the ITC determination is affirmative,
the Secretary of Commerce issues an anti-dumping or countervailing duty order
and special dumping or countervailing duties are assessed against that
merchandise which is being sold in the United States at less than fair value
or being subsidized.
Deadlines: A preliminary antidumping
determination normally must be made by the Department of Commerce 140 to 190
days (depending on the complexity of the case) from the date of initiation of
an investigation. A final determination will be due 75 or 135 days, as
appropriate, after the preliminary determination. A preliminary countervailing
determination normally must be published within 65 or 130 days of initiation
of the investigation (depending on the complexity of the case) and final
determination is generally within 75 days from the date of the preliminary
Range of Approval/Disapproval Time: All
antidumping or countervailing investigations must be concluded within
statutory deadlines pursuant to the Tariff Act of 1930, as amended.
Appeals: See 19 U.S.C. 1516A.
Renewals: Not applicable.
Formula and Matching Requirements: Not applicable.
Length and Time Phasing of Assistance: An
antidumping or countervailing duty finding will be revoked after a review in
the fifth year unless the Secretary of Commerce and the International Trade
Commission determine that revocation would be likely to lead to a recurrence
or continuation of dumping or a countervail able subsidy and injury.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: In accordance with the provisions of OMB
Circular No. A- 133 (Revised, June 24, 1997), recipients that are States,
Local Governments, Non-profit Organizations (to include Hospitals), and
Institutions of Higher Learning shall be subject to the audit requirements
contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507).
Commercial organizations shall be subject to the audit requirements as
stipulated in the award document.
Records: Not applicable.
Account Identification: 13-1250-0-1-376.
Obligations: (Operations and administration) FY
01 $37,443,458; FY 02 est $34,238,000; and FY 03 est $43,000,000.
Range and Average of Financial Assistance:
Antidumping and countervailing duty trade remedies have been successfully
pursued by a variety of domestic industries, including producers of steel,
industrial equipment, computer chips, agricultural products, textiles,
chemicals, and consumer products. Both the Import Administration and the
International Trade Commission have staff available to assist domestic
industries in deciding whether there is sufficient evidence to file a petition
for antidumping or countervailing duty investigations. The staff may also
assist eligible small businesses with the filing process.
REGULATIONS, GUIDELINES, AND LITERATURE:
Commerce Regulations, Part 351 (19 CFR 351).
Regional or Local Office: Not applicable.
Import Administration, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230. Inquiries or requests for assistance should be directed to the Office of Policy Petition Hotline (202) 482-1255.
Web Site Address:
EXAMPLES OF FUNDED PROJECTS:
CRITERIA FOR SELECTING PROPOSALS: