Commercial Information Circulars

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

Ref : EIC 111/3/10/1

25 October 2011

Dear Sirs,

Commercial Information Circular No. 665/2011

US : Refinement to the Assessment of Antidumping Duties in Non-market Economy Antidumping Proceedings

The US Department of Commerce (DoC) issued in the Federal Register (FR) of 24 October 2011 that it is adopting a refinement in its practice with respect to the rate at which it instructs the US Customs and Border Protection (CBP) to liquidate certain non-reviewed entries. Specifically, the DoC is refining its practice to instruct CBP to liquidate such entries at the non-market economy (NME)-wide rate. The FR notice is available at: http://www.gpo.gov/fdsys/pkg/FR-2011-10-24/pdf/2011-27459.pdf.

DETAILS

2.The trade was informed via Commercial Information Circular No. 336/2011 of 13 June 2011 of the proposed refinement to the assessment of antidumping duties in NME antidumping proceedings. With the publication of the FR notice, the DoC implements a policy refinement regarding the rate at which it will instruct CBP to liquidate such non-reviewed entries. For entries that are not reported in the reviewed company’s U.S. sales databases submitted to the DoC during an administrative review, or otherwise determined not covered by the review, the DoC will instruct CBP to liquidate such entries at the NME-wide rate as opposed to the company-specific rate declared by the importer at the time of entry.

3.The DoC intends to apply the policy to all non-reviewed entries from exporters which are selected for individual examination, whether or not the DoC is aware of the involvement of a third party. Additionally, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number will be liquidated at the NME-wide rate. The refinement will not apply to entries suspended at the cash deposit rate for exporters for which a review is not initiated, or entries suspended at the rate of exporters under review but which are not selected for individual examination except where the DoC has determined that the exporter had no shipments covered by the review.

4.The refinement will apply to all entries, regardless of when entered, for which the anniversary month for requesting a review is November 2011 or later.

ENQUIRIES

5.For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5403.

Yours faithfully,

(Ms Cindy CHENG)

for Director-General of Trade and Industry