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Commercial
Information Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref : EIC 111/3/10/1
3
January 2007
Dear Sirs,
Commercial
Information Circular No. 14/2007
US
: Modification to Methodology Regarding Calculation of the Weighted-Average
Dumping Margin During an Anti-dumping Investigation
The US Department
of Commerce (DoC) announced in the Federal Register (FR) notice of 27
December 2006 a modification to its methodology in anti-dumping (AD)
investigations with respect to the calculation of the weighted-average
dumping margin. This modification will be applied to all AD investigations
pending before the DoC as of 16 January 2007 as well as to all
future AD investigations. A copy (pdf
format) of the FR notice is appended to this circular for reference.
DETAILS
- The US AD law
provides that normally in an AD investigation, the DoC may determine
whether the subject merchandise is being sold at less than fair value
through one of two options. One option is average-to-average comparison,
i.e. to compare a weighted-average normal value with a weighted-average
of the export prices or constructed export prices of comparable merchandise.
The other option is to compare normal value and export prices or constructed
export prices on a transaction-to-transaction basis. The DoC normally
uses the average-to-average comparison in an AD investigation.
- When the DoC
applies the average-to-average methodology during an investigation,
the DoC usually divides the export transactions into groups by model
and level of trade (averaging groups). The DoC then compares an average
of the export prices or constructed export prices of the transactions
within one averaging group to the weighted-average of normal values
of such sales. Prior to this modification, when aggregating the results
of the averaging groups in order to determine the weighted-average
dumping margin, the DoC did not permit the results of averaging groups
for which the weighted-average export price or constructed export
price exceeds the normal value to offset the results of averaging
groups for which the weighted-average export price or constructed
export price is less than the weighted-average normal value. However,
a recent World Trade Organization (WTO) dispute settlement panel report
found that the DoC's application of this methodology is inconsistent
with WTO rules. To reflect this WTO ruling, the DoC adopts the modification,
under which it will no longer make average-to-average comparisons
in investigations without providing offsets for non-dumped comparisons.
ENQUIRIES
- For enquiries
concerning the content of this circular, please contact the undersigned
at 2398 5403.
Yours faithfully,
(Miss WONG Ying)
for Director-General of Trade and Industry
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Electronic
services for Production Notification and Certificate of Origin
enable traders to make the relevant applications directly through
their office computer faster and easier. Electronic service has
now been extended to the submission of Cargo Manifests and Textiles
Notifications. For details and enquiries,
please call the following service providers:
Global
e-Trading Services Limited (Tel. : 8109 1820)
Tradelink Electronic Commerce Limited (Tel. : 2599 1700)
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Note : While
every effort is made to ensure the accuracy of the above information,
the Department cannot guarantee this to be so and will not be held liable
for any reliance placed on the same.
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