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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/3/10/2

1 April 2010

Dear Sirs,

Commercial Information Circular No. 148/2010

US : Request for Comment on Advantages and Disadvantages of Prospective and Retrospective Anti-dumping and Countervailing Duty Systems

The US Department of Commerce (DoC) issued a notice in the Federal Register (FR) on 31 March 2010 inviting comments by 20 April 2010 on the relative advantages and disadvantages of prospective and retrospective anti-dumping (AD) and countervailing duty (CVD) systems. A copy (pdf format) of the FR notice is appended to this circular for reference.

BACKGROUND

  1. In the conference report accompanying the US 2010 Consolidated Appropriations Act, which is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_ reports&docid=f:hr366.111.pdf (the relevant part is on page 613), the conferees directed the DoC to work with the US Departments of Homeland Security and the Treasury to conduct an analysis of the relative advantages and disadvantages of prospective and retrospective AD and CVD systems. The report is currently scheduled to be transmitted to US Congress on 14 June 2010. As part of its analysis, the conferees requested that the DoC address the extent to which each type of system would likely achieve the goals of:

  1. remedying injurious dumping or subsidised exports to the US;
  2. minimising uncollected duties;
  3. reducing incentives and opportunities for importers to evade AD and CV duties;
  4. effectively targeting high-risk importers;
  5. addressing the impact of retrospective rate increases on US importers and their employees; and
  6. creating minimal administrative burden.
  1. To help in its analysis, the DoC is now inviting the public to comment on the issue and the specific points raised by the conferees as well as identify additional issues or considerations that it believes are deserving of the DoC's attention as it prepares its report. All comments will be made available to the public on the website of the DoC at http://www.trade.gov/ia/.

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

Yours faithfully,

 

(Miss Bonny CHAO)
for Director-General of Trade and Industry