Antidumping and Countervailing Duties are designed to protect US citizens and entities against overseas merchants “Dumping” their merchandise in the United States at unfair prices. The United States Commerce Department will at times determine that imported merchandise was sold at unfairly subsidized prices.
If a U.S. industry believes that it is losing unjust revenue by means of subsidized imports, it may request an investigation of antidumping or countervailing duties by filing a petition with both the Department of Commerce and the United States International Trade Commission (ITC).
If both the Commerce Department and ITC make affirmative findings of “dumping” or unjustified subsidization, they will instruct U.S. Customs and Border Protection to assess duties against imports of that product into the United States. The duties are normally assessed as a percentage of the value of the imports. U.S. Customs and Border Protection is responsible for collecting these Antidumping fees. This is done in an attempt to level the playing field and ensure that the importer is receiving fair treatment.
The entries that are made under this section remain open until the ADD or CVD cases are closed. All rulings are made in accordance with statutes and laws of the World Trade Organization (WTO). CBP will try to resolve the case in a timely manner; however these cases have been known to take several years in the past.
It is highly advisable to hire a Customs Broker if your imported products could possibly be subject to dumping regulations. WB Skinner has over forty-five years of experience in the field of Antidumping and Countervailing Duties and understands the ever-changing nature of the laws. We will guide you step by step and help you through the process. The last thing you want is to bring in a substantial number of shipments thinking your costs are 3% duty, and then find out they are subject to 150% Antidumping duties. It can happen if you are unprepared.
Feel free to check with WB Skinner if you have any question or concern that your shipments may be subject to these duties, or need help understanding a ruling.