1. 1 United States Department of Commerce Import Administration U.S. Antidumping Duty Process Maria D’Andrea Meredith Rutherford Mimi Steward Gary Taverman March 26-29, 2007 Ho Chi Minh City and Hanoi, Vietnam

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5. 5 What is Dumping? “Dumping” occurs when a foreign producer sells its product at a lower price in the importing country at less than normal value. Normal value may be prices in its home country, other third country markets, constructed value, or in cases involving nonmarket economy countries, factors of production.

6. 6 Overview Petitions and Initiations Commerce and the ITC Antidumping (AD) Investigations Timeline Participation Collection of Information Methodologies Determinations Collection of Duties Antidumping Orders Administrative Reviews

7. 7 Petitions Commerce and the International Trade Commission (ITC) receive petitions from the affected U.S. industry simultaneously. AD investigations are almost always initiated in response to petitions filed by an affected U.S. industry, although Commerce may self-initiate a case. U.S. law provides that an antidumping investigation shall be initiated whenever Commerce determines, from information available to it, that a formal investigation is warranted.

8. 8 Petition Requirements Antidumping Proceedings Framework established by the Tariff Act of 1930 as amended (“the Act”) by the Uruguay Round Agreements Act. Filing a Petition Requirements for filing an antidumping duty petition are listed in Section 732(b) of the Act, and in Sec 351.202(a) through (c) of the Department of Commerce’s regulations.

9. 9 Petition Requirements Scope Like Product Industry Support Dumping Allegation Material Injury

10. 10 Petition Requirements: Scope When filing a petition, the petitioner is required to include a detailed description of the merchandise to be covered under the investigation including: The technical characteristics and uses of the merchandise Its current U.S. tariff classification number (HTS number)

11. 11 Petition Requirements: Scope Commerce’s evaluation of scope: If the petitioner seeks pre-petition filing consultations, Commerce will ensure that the proposed scope of the petition is an accurate reflection of the products for which the domestic industry is seeking relief. Interested parties are able to raise issues regarding scope within the 20 day period following publication of the notice of initiation in the Federal Register.

12. 12 Petition Requirements: Like Product A petitioner must clearly identify the domestic like product, the product produced in the United States which is most similar to the foreign product covered under the scope of the investigation. Commerce determines the like product for the purposes of the initiation. The ITC makes its own separate like product determination.

13. 13 Petition Requirements: Dumping Allegation The allegation of sales in the U.S. at less than fair value (dumping) is the thrust of any petition. The dumping allegation must contain all factual information relevant to: The calculation of the U.S. price of the subject merchandise and, The normal value of the foreign like product.

14. 14 Sample Dumping Margin Calculation Net U.S. PriceNormal Value Compare U.S Price to Normal Value Normal Value $136.00 Net U.S. Price $90.00 Difference Attributable to Dumping $46.00 Difference Attributable to Dumping/U.S Price $46.00 / $90.00=51.11% Dumping Margin =

15. 15 Petition Requirements: Material Injury As defined by the Act, “material injury” is harm which is not inconsequential, immaterial, or unimportant. The ITC is responsible for determining whether a domestic industry is materially injured or threatened with material injury as a result of the individual and cumulated impact of the allegedly dumped imports.

16. 16 Petition Requirements: Injury Commerce examines whether the petition provides evidence of material injury or threat thereof. To assess the accuracy and adequacy of the evidence relating to the material injury and causation allegations, the Department compares the evidence presented in the petitions with information that is reasonably available.

17. 17 Petition Requirements: Injury Commerce’s Assessment of Injury Allegation Declining domestic prices Reduced levels of production Reduced levels of capacity utilization Declining net sales and market share Sales lost to imports Declining profitability Reduced levels of employment Bankruptcy

18. 18 Initiation Procedures Self-Initiation Commerce has the legal authority to self-initiate an AD investigation under U.S. law. Section 732 (a)(1) of the Act - “An antidumping duty investigation shall be initiated whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under section 731 exist.” Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, Article 5.6 “If, in special circumstances, the authorities concerned decide to initiate an investigation without having received a written application by or on behalf of a domestic industry for the initiation of such investigation, they shall proceed only if they have sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify the initiation of an investigation.”

19. 19 Initiation Procedures Self-Initiation Commerce has interpreted the “special circumstances” provision narrowly and as a result has self-initiated cases only on the following three occasions in the last 20 years: Steel from various countries in 1979-82: Certain Steel Wire Nails from Japan (July 2, 1981); Steel Sheet Piling form Canada (November 24, 1981); and Certain Steel Wire Nails from Korea (April 4, 1979, and July 2, 1981) Semiconductors from Japan in 1985 Softwood Lumber from Canada in 1991

20. 20 Initiation Procedures U.S. law mandates that certain legal requirements be met before an AD case can be initiated. These requirements exist for both self-initiated and petition-based cases: There must be evidence of dumping; and There must be evidence that the U.S. industry is either 1) materially injured, 2) is threatened with material injury, or 3) the establishment of an industry in the U.S. is materially retarded by reason of the imports.

21. 21 Initiation Procedures Commerce’s Role Commerce has the sole authority to initiate or not initiate the investigation. After filing, Commerce has 20 calendar days to evaluate the petition and determine whether or not to initiate the investigation. In this evaluation, Commerce focuses on the scope of the investigation, the domestic like product, industry support, the dumping allegation, and injury/causation.

22. 22 Initiation Procedures Federal Register Notice If the Department has determined that the petition has satisfied all necessary requirements, Commerce will publish a Notice of Initiation in the Federal Register. Initiation Checklist The checklist is submitted on the record of the proceeding and serves to provide the public with additional, more detailed, information. The checklist can assist the public in locating specific information in the petition.

23. 23 Commerce vs. ITC Commerce and the ITC make their determinations separately. Commerce determines whether and to what extent dumping is occurring. The ITC determines whether a U.S. industry competing with the allegedly dumped product has been materially injured or threatened by such imports.

24. 24 What is the ITC? The ITC is a non-partisan, quasi-judicial federal agency, that was established by U.S. Congress in 1916 Headed by six Commissioners who are nominated by the President and confirmed by the U.S. Senate. By statute, no more than three Commissioners may be of the same political party; currently there are three Democrats and three Republicans The ITC has broad investigative responsibilities in matters of trade, and in addition to determining injury for AD cases, also investigates patent, trademark, and copyright infringements by imports, as well as makes updates to the Harmonized Tariff Schedule (HTS) of the United States, among other responsibilities

25. 25 ITC Findings Material injury- Section 771(7) of the Act- “ harm which is not inconsequential, immaterial, or unimportant ” Threat of injury-Section 771(7)(F)(i)-(ii) of the Act - “ In determining whether an industry in the United States is threatened with material injury by reason of imports (or sales for importation) of the subject merchandise, the Commission shall consider … the factors set forth in clause (i) as a whole in making a determination … whether material injury by reason of imports would occur unless an order is issued …” Material retardation- Although uncommon, petitioners may allege that the establishment of an industry in the U.S. is “ materially retarded ” by reason of imports; the statute does not define “ material retardation, ” however, the ITC will examine whether an industry has been established, and if not, whether the industry reflects normal start-up difficulties or whether the imports of the subject merchandise have materially retarded the establishment of an industry.(from the ITC AD and CVD Handbook, II-32)

26. 26 ITC Determinations Preliminary Determination Made within 45 days of the filing of a petition or within 25 days of initiation of an AD investigation Six stages: (1) institution of the investigation and scheduling of preliminary phase, (2) questionnaires, (3) staff conferences and briefs, (4) staff report and memoranda, (5) briefing and vote, and (6) determination and views of the Commission. Final Determination Under normal circumstances made within 280 days after the date on which the petition is filed in AD cases Eight stages: (1) scheduling of the final phase, (2) questionnaires, (3) prehearing staff report, (4) hearing and briefs, (5) final staff report and memoranda, (6) closing of the record and final comments by parties, (7) briefing and vote, and (8) determination and views of the Commission. See http://www.usitc.gov/trade_remedy/731_ad_701_cvd/handbook.pdf for more detailed information.

27. 27 Who may participate in an AD proceeding? “Interested parties” who may participate in a proceeding include: a foreign manufacturer, producer, or exporter, or the United States importer, of subject merchandise, or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise. the government of a country in which such merchandise is produced or manufactured or from which such merchandise is exported. a manufacturer, producer, or wholesaler in the United States of a domestic like product.

28. 28 Who may participate in an AD proceeding? Interested Parties (cont’d) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product. a trade or business association a majority of whose members manufacture, produce, or wholesale a domestic like product in the United States.

29. 29 Comments by Consumers and Industrial Users U.S. law provides for an opportunity for comments by consumers and industrial users to submit relevant information regarding dumping and material injury.

30. 30 Who can get access to record information? Public information may be reviewed in the public records room at the Department of Commerce (Room B-099). Business Proprietary information can only be reviewed under the terms of an administrative protective order (APO). See 19 C.F.R. §351.305((b)(2). Only the legal representative of an interested party (see definition above) can apply for APO access. The representative of an interested party does not need to apply for APO access in order to view his/her own client’s business proprietary information.

31. 31 Timing of Events in AD Investigations ITC Preliminary Determination 20 Days from Petition* 140 Days from * Initiation Petition Commerce Preliminary Determination Commerce Final Determination ITC Final Determination * May be extended under certain circumstances 20 Days from Petition* 45 Days from Petition 140 Days from Initiation* 75 Days from Commerce Prelim * 45 Days from Commerce Final

32. 32 Timing of Commerce Events in AD Investigations ITC Preliminary Decision Commerce Preliminary Decision Commerce Final Decision ITC Final Decision Questionnaire Issued Questionnaire Responses Due Supplemental Questionnaire Issued Supplemental Response Due  Publication of FR Notice  Disclosure  Ministerial-Error Correction  Suspension of Liquidation (if affirmative)  Verification & Commerce Reports  Case & Rebuttal Briefs  Hearing Publication of FR Notice Disclosure Ministerial- Error Correction Suspension of Liquidation (continues or lifted) AD Order (if affirmative) Suspension of Liquidation (continues if affirmative) Commerce Initiation Petition Analyzed Issue Initiation Notice

33. 33 Investigations While the ITC prepares its preliminary determination of material injury, Commerce prepares the questionnaire it will issue to the mandatory respondents.

34. 34 Mandatory Respondents Where not practicable to examine each known producer or exporter, Commerce limits its examination to a statistically valid random sample of producers or exporters or the producers or exporters accounting for the largest volume of the subject merchandise that can be reasonably examined.

35. 35 Voluntary Respondents Where Commerce is unable to examine all producers or exporters, the companies it did not select may request to be voluntary respondents. Commerce decides whether to examine a voluntary respondent on a case-by-case basis.

36. 36 Period of Investigation - Antidumping The four most recently completed fiscal quarters (or, in an investigation involving merchandise imported from a non- market-economy country, the two most recently completed fiscal quarters) as of the month preceding the month in which the petition was filed. Example: Petition filed December 6, 2006 Market Economy period of investigation = October 1, 2005, through September 30, 2006 Nonmarket Economy period of investigation = April 1, 2006, through September 30, 2006

37. 37 Market Economy vs. Nonmarket Economy Comparisons U.S. anti-dumping law applies differently to countries considered to have nonmarket economies (NME) than to those with market economies (ME) In NMEs prices and costs are presumed to be under government control rather than subject to market-based principles

38. 38 Fair Comparisons - ME The dumping calculation is a comparison of the price at which subject merchandise is sold in the United States -- the U.S. price – with either the “normal value” of a sale of the same or similar product in the comparison market or a “constructed value” based on the cost of production of the product plus profit

39. 39 Fair Comparisons- NME The dumping calculation is a comparison of the price at which subject merchandise is sold in the United States -- the U.S. price -- with the “normal value” based on the factors of production (FOP) and surrogate values

40. 40 Questionnaire Structure - ME Market Economy Section A: General Information Section B: Comparison-Market Sales Section C: U.S. Market Sales Section D: Cost of Production & Constructed Value Section E: Further Manufacturing in the United States Appendices: e.g., Scope

41. 41 Questionnaire Structure - NME Nonmarket Economy Separate Rate Application/Certification Section A: General Information Section B: Not Applicable Section C: U.S. Market Sales Section D: Factors-of-Production Data Section E: Further Manufacturing in the United States Appendices: (e.g., Scope)

42. 42 What is an NME? Section 771 (18) (A) of the Act - “The term ‘nonmarket economy country’ means any foreign country that the administering authority determines does not operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise.” Section 771 (18) (C) (i) of the Act - “Any determination that a foreign country is a nonmarket economy country shall remain in effect until revoked by the administering authority.”

43. 43 Separate Rate Application Commerce assigns separate rates in NME cases only if the applicant can demonstrate an absence of both de jure and de facto government control over its export activities in accordance with the separate-rates test criteria. Commerce focuses on activities of exporters rather than manufacturers of subject merchandise.

44. 44 Separate Rate Application Evidence supporting absence of de jure (in law) government control- 1)an absence of restrictive stipulations associated with an individual exporter’s business and export licenses; 2)any legislative enactments decentralizing control of companies; and 3) any other formal measures by the central and/or local government decentralizing control of companies.

45. 45 Separate Rate Application Evidence supporting absence of de facto (in fact) government control- 1)whether each exporter sets its own export prices independent of the government and without approval of a government authority; 2)whether each exporter retains the proceeds from its sales and makes independent decisions regarding disposition of profits or financing of losses; 3)whether each exporter has the authority to negotiate and sign contracts and other agreements; and 4)whether each exporter has autonomy from the government regarding the selection of management.

46. 46 Surrogate Country Selection Section 773(c)(4) of the Tariff Act of 1930, as amended, (“the Act”), the Department must value the factors of production using “...to the extent possible, the prices or costs of the factors of production in one or more market economy countries that are (a) at a level of economic development comparable to that of the NME country, and (b) significant producers of comparable merchandise.” This is further discussed in Commerce’s Policy Bulletin No. 04.1, dated March 1, 2004. Certain Frozen Fish Fillets – Commerce found that Bangladesh is a significant producer of comparable merchandise, is at a similar level of economic development, and has publicly available and reliable data. In certain instances, where Bangladeshi data were not available, Commerce used data from India or Indonesian sources. Certain Frozen Warm Water Shrimp – Commerce found that Bangladesh is a significant producer of comparable merchandise, is at a similar level of economic development, and has publicly available and reliable data.

47. 47 Factors of Production and Surrogate Value Information After selecting a surrogate country Commerce will collect factors of production information from respondents, and will accept information regarding surrogate values from the following sources: Publicly available trade data and publications Financial statements of producers of the subject merchandise in the surrogate country

48. 48 Raw Material Cost Calculation in a Non- Market Economy: Simplified Example Material inputs Units/pcUnitSurrogate Value (US$) Cost/pc (US$) Fabric0.10Kg60.006.00 Thread0.02Kg50.001.00 Elastic0.01Kg60.000.60 Buttons4Pc0.050.20 Labels2Pc0.400.80 Total$8.60 Knit Shirt

49. 49 Costs Calculated Using Surrogate ValuesRaw Material Costs=$8.60 Plus Labor Costs Calculated Using the Hourly Wage Rates Published Online Plus Surrogate Energy Costs Plus Surrogate Factory Overhead Plus Surrogate Selling, General and Administrative Expenses Plus Surrogate Profit Expenses Plus Packing Expenses Equals Normal Value Energy Costs=$1.50 Overhead=$1.50 SG&A Expenses=$2.15 Profit Expenses=$0.75 Packing expenses=$0.75 Normal Value=$16.00 Labor Costs=$0.75 Normal Value Calculation for a Non Market-Economy (NME) Investigation Note: For general information purposes only. When interpreting and applying the law, please refer to the Tariff Act of 1930, as amended, (19 U.S.C. 1671- 1671h, 1673-1673h) and the related regulations in Title 19 of the Code of Federal Regulations.

50. 50 Sample Non-Market (NME) U.S. Price Calculation Gross Price=$14.60 Discounts=$0.50 Rebates=$0.50 Insurance=$0.40 Movement=$0.40 “Starting Price” per unit in the U.S. Market Less Discounts Less Rebates Less U.S. Movement Expenses Less U.S. Insurance Expenses Brokerage=$0.15 Less Foreign Inland Brokerage Expenses Brokerage=$0.15 Less U.S. Brokerage Less Foreign Inland Movement Expenses Less Foreign Inland Insurance Expenses Movement=$0.25 Insurance=$0.25 U.S. Price=$12.00 Adjusted U.S Price Note: For general information purposes only. When interpreting and applying the law, please refer to the Tariff Act of 1930, as amended, (19 U.S.C. 1671- 1671h, 1673-1673h) and the related regulations in Title 19 of the Code of Federal Regulations.

51. 51 Margin Calculation In investigations and reviews we calculate a single weighted-average dumping margin for an exporter/producer that will be used for bonding (investigation preliminary determinations only) or cash deposit purposes until there is a subsequent administrative review. In administrative reviews Commerce also establishes dumping margins for each U.S. importer for duty assessment purposes.

52. 52 Margin Calculation - Assessment vs. Cash Deposit Cash deposits are a temporary payment of estimated antidumping duties Assessment is the actual amount of antidumping duties due on a given entry of subject merchandise

53. 53 Margin Calculation Calculated as the difference between the normal value in U.S. dollars and the net U.S. price The aggregate dumping amount is divided by: total net U.S. price to determine the ad valorem rate, or the quantity sold to determine the per-unit amount

54. 54 Sample Dumping Margin Calculation U.S. PriceNormal Value Compare U.S Price to Normal Value Normal Value $16.00 U.S. Price $12.00 Difference Attributable to Dumping $4.00 Difference Attributable to Dumping / U.S Price $4.00 / $12.00 = 33.3% Ad Valorem Dumping Margin = $12.00$16.00 A B C C /B

55. 55 Sample Dumping Margin Calculation U.S. PriceNormal Value Compare U.S Price to Normal Value Normal Value $16.00 U.S. Price $12.00 Difference Attributable to Dumping $4.00 Difference Attributable to Dumping / U.S Price $4.00 / 10 = $ 0.40 Per Unit Dumping Margin = $12.00$16.00 A B C C /D 10 pieces D Quantity Sold

56. 56 Calculated Rates in NME Investigations Rates for Mandatory Respondents Country-wide Rate Separate-Rate Average

57. 57 Concurrence Process-Preliminary Determination Meetings between analysts, lawyers, and policy personnel regarding all case issues are held, and documents (such as Federal Register notices and internal memoranda) are reviewed Recommendations are made to the Deputy Assistant Secretary regarding all case issues Recommendations are made to the Assistant Secretary for Import Administration who is the final decision maker

58. 58 Determinations: General Points Preliminary and final determinations announce Commerce findings and decisions in an investigation. Parties have the right (under Administrative Protective Order, as appropriate) to review the materials Commerce used to calculate the margins.

59. 59 Preliminary Determinations Preliminary margin rate for each respondent Preliminary scope determination Preliminary calculation methodologies

60. 60 Bond/Deposit Requirements Imposed After Issuance of a Preliminary Determination On the date of the publication of an affirmative preliminary determination in the Federal Register and at the request of Commerce, U.S. Customs and Border Protection will suspend liquidation of entries of the product under investigation and begin collecting a deposit of estimated AD duties based on the preliminary margin Commerce published.

61. 61 Bond/Deposit Requirements Imposed After Issuance of a Preliminary Determination Until the publication in the Federal Register of an AD order following an affirmative determination by the ITC, the importer has the option of posting a bond or cash deposit for estimated AD duties.

62. 62 Verification Commerce will conduct an extensive examination of company books and records in order to… Confirm reported sales are recorded in company accounts. Confirm that the respondent reported all sales of subject merchandise during the POI. Confirm the accuracy of individual transactions. Examine submitted cost or FOP information. Examine allocations of charges and adjustments.

63. 63 Verification Verification Outline Commerce will identify key topics and specific information to be reviewed at verification. Commerce provides the outline to the respondents with sufficient advance time to assemble the requested information.

64. 64 Verification Locations for Verification Company facilities where relevant documents are maintained Facilities where key staff are located May need to visit multiple facilities

65. 65 Activities Leading up to Final Determination Verifications conducted Verification reports issued Petitioners and respondents submit briefs and rebuttal briefs A hearing is conducted if requested Concurrence process from preliminary determination is repeated

66. 66 Final Determinations Notification of the final margin for each respondent. Notification of the “ all-others ” rate. Notification of continuation of suspension of liquidation, if final determination is affirmative. Notification of termination of suspension of liquidation, if final determination is negative.

67. 67 Final Determinations Summary and statement of the Commerce position on each issue - Raised by parties in briefs, rebuttal briefs, and hearing. Commerce ’ s findings during the investigation.

68. 68 Final Determinations The analysis memorandum and attachments provide information on Commerce ’ s analysis. The memorandum contains an explanation of the calculation methodology Commerce used to calculate dumping margins. The attachments contain the computer program and resulting output.

69. 69 Correction of Calculation Mistakes Errors corrected after a determination is issued must be “ministerial,” meaning an error in computation and not based on a methodological decision. The respondents and the petitioners have five days after the receipt of disclosure materials to request corrections. Commerce responds to a ministerial error allegation within 30 days.

70. 70 Bond/Deposit Requirements Imposed After Issuance of a Final Determination by Commerce Following an affirmative final determination, Commerce will instruct Customs to continue to suspend liquidation and collect bonds or deposits at the final rate. Commerce does not instruct Customs to apply the rate in the final determination retroactively to entries made between the preliminary and final determinations.

71. 71 Antidumping Duty Order What is an order? Public announcement that Commerce will instruct Customs to assess duties pursuant to the affirmative final determinations of Commerce and the ITC.

72. 72 Antidumping Duty Orders When are orders issued? Within seven days after the ITC notifies Commerce of its affirmative injury determination.

73. 73 Antidumping Duty Orders What is the effect of an order? Establishes the date on which a duty requirement becomes effective. Provides notice to parties and Customs that duties will be imposed.

74. 74 Cash-Deposit Requirements Following Issuance of AD Order Deposit requirement set at AD margin established in Commerce’s final determination. Bonds for estimated duties no longer allowed.

75. 75 Recourse Following Final Determination Seek Correction of Ministerial Errors Appeal Decision to the Court of International Trade Governments may seek redress before World Trade Organization Dispute Settlement Body Request Administrative Review during the Anniversary Month of the Order

76. 76 Administrative Reviews Purpose 1.Determine amount of AD duties to assess on entries during a specific period of review. 2.Establish new deposit rates for prospective application.

77. 77 What if no review is requested? If no review is requested for a company: An importer’s entries are assessed duties at the rate of deposit at the time of entry. Commerce sends “automatic-assessment” instructions to Customs.

78. 78 Who can request a review? Petitioners can request a review of specific exporters or producers. Importers can request a review of their suppliers. Producers or exporters can request a review of their own exports or sales of subject merchandise.

79. 79 Deposit vs. Assessment Deposits are a temporary payment of estimated antidumping duties at the time of entry. Assessment is the actual amount of antidumping duties due on a given entry of subject merchandise.

80. 80 What if deposits are less than the review results? If the AD margins Commerce finds in the review exceed the amounts deposited on entries during the POR, then the importer must: Pay duties to make up for the difference between the deposit rate and the actual calculated assessment rate and Pay interest accumulated since the date of deposit (date of entry).

81. 81 What if deposits are greater than the review results? If the deposit rate is higher than the AD margin Commerce calculates for the review, then the importer typically Receives a refund and Receives interest on the refunded portion dating from the date of deposit

82. 82 Order Issued LTFV Final 10% 287 days Investigation - POI Sales Initiate Investigation Deposit Required 8% LTFV Prelim 8% 160 days Deposit Required 10% 1 st Review -POR Sales 12 months 20 days First Review Anniversary Month 9% For First Review Assessment Rate 9% vs. 8% deposit Capped at 8% Assessment Rate 9% vs. 10% deposit Refund 1% + interest

83. 83 Deposit Required 12 months Subsequent Reviews Results of First Review New Deposit Rate in Effect 9% 1 st Review POR 12 months 10% 9% Anniversary Month Anniversary Month For Second Review Assessment Rate 11% vs.10% Deposit Importer owes 1% plus interest 2 nd Review POR3 rd Review POR Results of Second Review New Deposit Rate in Effect 11% Anniversary Month 2nd Review -POR Sales 11% Duties Assessed

84. 84 Conclusion Commerce conducts AD investigations and reviews using an open and transparent process. The multi-step process allows for the collection of information and participation by the parties in the determination of the AD duties through preliminary and final determinations.

85. 85 Conclusion In investigations, Commerce determines whether dumping has occurred. In reviews, Commerce determines the actual amount of dumping duties due on entries of merchandise subject to an AD order.

86. 86 Reference Information Statute: Tariff Act of 1930, as amended Regulations: 19 CFR 351 Import Administration website: http://www.trade.gov/ia/

87. 87 Specific to Textiles and Apparel Contact Us Email Hotline: vietnam-texapp-monitor-hotline@mail.doc.govvietnam-texapp-monitor-hotline@mail.doc.gov Website http://ia.ita.doc.gov/download/vietnam-textile-monitoring/vtm-index.html