Public Comments Due September 14: Commerce Proposes Broad Changes to AD/CVD Regulations

Scope rulings and anti-circumvention inquiries are two areas targeted for significant changes in the proposed Department of Commerce (DOC) regulations.

In one critical change, an affirmative scope or anti-circumvention inquiry decision would apply retroactively to all unliquidated entries. The implementation would revert to the original date for suspension of liquidation under the AD/CVD order, usually the preliminary affirmative decision.

In another proposed change, suspension of liquidation would only end after a final negative scope ruling, not after a preliminary negative ruling. DOC would also be able to apply an existing scope ruling to a new request without initiating a separate inquiry. Proposed revisions to anti-circumvention inquiries parallel those drafted for scope rulings.

Please be aware that these proposed regulations also address importer certification filing and enforcement, revised notification deadlines from the DOC, among other issues.

Written comments must be received no later than September 14.

The proposed rule was published August 13 in the Federal Register: https://www.federalregister.gov/documents/2020/08/13/2020-15283/regulations-to-improve-administration-and-enforcement-of-antidumping-and-countervailing-duty-laws.

For additional information, please check out our article in August’s Shap Talk.

Our compliance team will keep you apprised of any developments.

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