1 Analyses of this federal-register by attorneys

  1. United States Expands and Strengthens Enforcement of Antidumping and Countervailing Duty Laws

    White & Case LLPApril 17, 2024

    VD proceedings in a timely manner.”Incorporates various “long-standing practices” into Sections 351.503, 351.505, 351.507, 351.508, 351.509, 351.520, and 351.525. The changes affect the rules for determining ad valorem subsidy rates, attribution of subsidies, adequate remuneration for provision of goods, regulatory compliance costs and how DOC determines the values of certain subsidies, among other issues.DOC initially proposed changing Section 351.301 to allow DOC to place previous analysis from another proceeding or segment of the same proceeding onto the record without inviting parties to submit new factual information in response. DOC withdrew this proposal from the final rule because of widespread concern among commenters.Chiara Phillips (White & Case, Law Clerk, Washington, DC) contributed to the development of this publication.1 “Regulations Improving and Strengthening the Enforcement of Trade Remedies Through the Administration of the Antidumping and Countervailing Duty Laws,” 89 FR 20766 (March 25, 2024). 2 “Regulations Improving and Strengthening the Enforcement of Trade Remedies Through the Administration of the Antidumping and Countervailing Duty Laws,” 88 FR 29850 (May 9, 2023). 3 “Determining the Existence of a Particular Market Situation That Distorts Costs of Production,” 87 FR 69234 (November 18, 2022). 4 “Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws,” 86 FR 52300 (September 20, 2021); and later technical amendments “Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,” 88 FR 67069 (September 29, 2023). 5 For original CVD investigations, the hierarchy is applied in the following sequence: (i) If there are cooperating respondents in the investigation, the Secretary will determine if a cooperating respondent used an identical program in the investigation and apply the highest calculated above-de minimis rate for the identical program; (ii) If no such rate exists, th