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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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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

5 November 2013

Dear Sirs,

Commercial Information Circular No. 885/2013

US : Change in Practice for Respondent Selection in Antidumping Duty Proceedings

The United States Department of Commerce (DoC) issued a notice in the Federal Register (FR) of 4 November 2013 to announce the change in DoC's practice for respondent selection in antidumping (AD) duty proceedings. The FR notice is available at: http://www.gpo.gov/fdsys/pkg/FR-2013-11-04/pdf/2013-26266.pdf.

DETAILS

2.DoC will modify its practice with respect to the methodology for selecting respondents in certain AD duty proceedings, to select respondents by sampling where certain criteria are met in administrative reviews of AD duty orders.

3.DoC will select respondents by a sampling technique that is random, stratified, and uses probability-proportional-to-size samples, when the following conditions are met:

  1. there is a request by an interested party for the use of sampling to select respondents;
  2. DoC has the resources to examine individually at least three companies for the segment;
  3. the largest three companies (or more if DoC intends to select more than three respondents) by import volume of the subject merchandise under review account for normally no more than 50% of total volume; and
  4. information obtained by or provided to DoC provides a reasonable basis to believe or suspect that the average export prices and/or dumping margins for the largest exporters differ from the remaining exporters.

4.DoC expects to implement this sampling methodology in the context of administrative reviews by providing interested parties with notice of schedule for submissions related to sampling on a case-by-case basis. DoC will publish a separate proposed rule to amend its regulations to implement procedural changes with respect to submissions related to sampling in AD administrative reviews.

5.The change in practice will take effect on 4 December 2013.

ENQUIRIES

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

Yours faithfully,

(Ms Linda Ng)

for Director-General of Trade and Industry



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.