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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 

2 July 2005

Dear Sirs,

Commercial Information Circular No. 233/2005

US : Timing of Assessment Instructions for Antidumping (AD) Duty Orders
Involving Non-Market Economy Countries (NMEs)

The US' Department of Commerce (DOC) announced in the Federal Register (FR) notice of 21 June 2005 that it is inviting comments on the appropriate timing for the issuance of assessment instructions for AD duties involving orders on NMEs when a review has been requested of certain entities. A copy of the FR notice outlining the details is appended (pdf format) to this circular for reference.

Details

  1. At present, the US applies a retrospective assessment system under which final liability for AD duties is determined after merchandise is imported. The amount of duties to be assessed is determined either through (1) a review of the order covering the period of review ("POR") based on a request for review or, (2) if a review is not requested, at the cash deposit, or bond, rate applicable at the time the merchandise was entered during that period corresponding to the POR. If a review of certain entities has been requested in NMEs cases, DOC has followed two approaches for issuing assessment instructions for entries under the NME orders. One approach has been to issue assessment instructions at the completion of the review for all entries from entities for which a specific review had not been requested and which are subject to the NME-wide rate. The other approach has been to issue the assessment instructions at the beginning of the review, at the rate in effect on the date of entry, for all entries except those entries from the specific entities for which a review was requested and initiated.
  1. DOC is seeking comments on whether (1) DOC should issue assessment instructions after the initiation of an administrative review for entries from foreign entities subject to the NME-wide rate and for which DOC did not receive a specific request for review or, (2) DOC should issue assessment instructions at the conclusion of an administrative review both for entries for which a specific request was made and for entries from foreign entities subject to the NME-wide rate and for which DOC did not receive a specific request for review. Comments on the two approaches should be sent to DOC by 15 July 2005.

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5403.



Yours faithfully,



(Ms Charmaine LO)

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.