relative file path for layout
Skip to main content  Skip to search  Skip to main menu
Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 111/3/10/1

17 December 2010

Dear Sirs,

Commercial Information Circular No. 591/2010

US : De Facto Criteria for Establishing a Separate Rate in Antidumping Proceedings involving Non-Market Economy Countries

The US Department of Commerce (DoC) issued in the Federal Register (FR) of 16 December 2010 a notice to invite public comments for its consideration on modifying the de facto criteria examined for purposes of determining whether to grant separate rate status to individual exporters in antidumping (AD) proceedings involving non-market economy (NME) countries. Interested parties may submit comments to the DoC by 31 January 2011. The FR notice is available at: http://edocket.access.gpo.gov/2010/pdf/2010-31644.pdf. 

DETAILS

  1.  

  2. Traders have been informed via Commercial Information Circular No. 389/2010 that, in support of the US President Obama's National Export Initiative (NEI), the DoC has announced a Trade Law Enforcement Package covering 14 proposals to strengthen the administration of the trade remedy laws of the US, including the AD and countervailing duty (CVD) laws. One of the 14 proposals is on "strengthening the current practice regarding the issuance of company-specific AD rates in NME cases". 
     

  3. In respect of this, the DoC is of the view that the current practice focuses on direct government involvement in a company's export activities and, to that extent, it may not take sufficient account of how the government's role in the NME may impact an exporter's export activities and price setting behaviours. The DoC is now considering that it might incorporate additional de facto criteria into its analysis when assessing and verifying whether a producer/exporter in a NME country is sufficiently free of government control to be granted separate rate status. 
     

  4. The DoC invites comments on amending its current practice as detailed in the above-mentioned FR notice as well as comments and suggestions regarding additional de facto criteria to examine in assessing a company's eligibility for separate rate status. Interested parties may submit comments to the DoC.

ENQUIRIES

  1. For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,




(Miss Carmen CHAN)

for Director-General of Trade and Industry