United States: Are My Products Subject To Anti-Dumping/Countervailing Duties?

Last Updated: February 27 2017
Article by Olga Torres

Many importers will discover at some point that products they import may be subject to anti-dumping duties ("ADD") or countervailing duties ("CVD"). With the new Trump administration appearing to take a very aggressive tone toward unfair trade practices by foreign competitors, particularly China, there may soon be an increase in ADD/CVD orders and enforcement by U.S. Customs and Border Protection ("Customs" or "CBP"). This article seeks to explain the options an importer has if it discovers that any of its products are potentially subject to ADD/CVD.

"Dumping" occurs when foreign manufacturers sell goods in a country for less than fair value, resulting in injury to the industry for those goods in the country in which the foreign product is being dumped. ADD cases are company specific. The U.S. calculates anti-dumping duties to bridge the gap between the unfair price of the dumped goods and the goods' fair market value. On the other hand, countervailing duties are established when a foreign government provides assistance and subsidies to manufacturers so that the foreign manufacturers are able to sell goods cheaper than domestic manufacturers. CVD cases are country specific; duties are calculated to "duplicate the value of the subsidy."1 Duty rates of ADD/CVD are set by the Department of Commerce International Trade Administration ("ITA").

To determine whether or not any products are subject to ADD or CVD, an importer should first review the scope of ADD/CVD orders, which can be found at http://addcvd.cbp.gov. Sometimes an importer will quickly be able to establish if its products are within the scope of the ADD/CVD orders, but often this is a difficult determination to make. ADD/CVD orders reference the U.S. Harmonized Tariff Schedule ("HTS") classification of the goods subject to the orders, and the HTS classification of your product can sometimes help in making that determination. However, HTS classifications are listed in the scope of ADD/CVD orders for convenience only, and do not determine whether a product falls under the scope of an ADD/CVD order. Instead, the written description of the order's scope is dispositive. It may also be helpful to discuss the application of ADD/CVD orders with a Customs Import Specialist or an ITA International Trade Compliance Analyst. This will also not produce a binding determination, though.

The only method for obtaining a binding determination to confirm whether goods are subject to a ADD/CVD order is a scope ruling. A scope ruling is issued by the ITA to clarify the scope of an ADD/CVD order. Some scope rulings are self-initiated by the ITA, but generally an "interested party" initiates an inquiry by applying for a scope ruling. An "interested party" is defined in the Tariff Act of 1930 (as amended) and includes 1) a foreign manufacturer, producer, or exporter, or the U.S. importer, of subject merchandise; 2) the government of a country in which the merchandise is produced, manufactured, or exported; 3) a U.S. manufacturer, producer, or wholesaler of a domestic like product; and 4) unions, trade associations, and business associations that represent industry engaged in the manufacture, production, or wholesale of a domestic like product in the U.S.2 For an interested party, the scope ruling application is a mechanism to explain and describe the characteristics of a product and argue why the product is outside the scope of the ADD/CVD order. Preparing and submitting a scope ruling request can be very technical and procedurally complicated. A simplified outline of a scope ruling request follows.

Scope ruling requests must contain the following:

  • A detailed description of the product, including its technical characteristics and uses, and its current U.S. tariff classification number;
  • A statement of the interested party's position as to whether the product is within the scope of an order, including:
  • A summary of the reasons for this conclusion,
  • Citations to any applicable statutory authority, and
  • Any factual information supporting this position, including relevant prior scope rulings.3

At the same time it submits a scope ruling request to ITA, an interested party must also serve a copy of the scope ruling request to all parties on the Comprehensive Scope Service List.4 Scope ruling requests must include a Company Certification of Accuracy, Representative Certification of Accuracy, and Certificate of Service. Importantly, a request submission is not considered complete without these certifications.

After preparing a scope ruling request, it must be submitted electronically via the Antidumping and Countervailing Duty Centralized Electronic Service System ("ACCESS"), found at https://access.trade.gov. First time users of ACCESS will need to register first; a confirmation email will be sent once the registration has been processed and approved. After receiving the scope ruling request through ACCESS, the ITA has a 45-day deadline to either issue a final ruling or initiate a scope inquiry. If a scope inquiry is initiated, notice will be sent to all parties on the Comprehensive Scope Service List, comments will be solicited, and the ITA will typically issue a final ruling within 120 days of the initiation of the inquiry.5 If a final ruling determines that the product falls within the scope of the ADD/CVD order, then any suspension of liquidation will continue or, if there has been no suspension of liquidation, CBP will suspend liquidation and require a cash deposit of estimated duties pursuant to the ADD/CVD order. If a final ruling holds that the product is not subject to the ADD/CVD order, then any suspension of liquidation on the subject product will end and any cash deposits or bonds related to the product will be refunded and released, respectively.6

Scope ruling requests often involve difficult questions of fact and law. If you require any guidance in the preparation and submission of a scope ruling request, please contact experienced legal counsel.


1 Anti-Dumping (AD) and Countervailing Duties (CVD), U.S. Customs and Border Protection (Nov. 12, 2015), https://help.cbp.gov/app/answers/detail/a_id/216/~/anti-dumping-(ad)-and-countervailing-duties-(cvd).

2 19 U.S.C. 1677(9).

3 19 CFR § 351.225(c)(1).

4 All ADD/CVD service lists can be found at http://enforcement.trade.gov/apo/apo-svc-lists.html. Locate the subject product, then locate the "Comprehensive Service List for Scope Inquiries" for the product.

5 19 CFR § 351.225(f).

6 § 351.225(l)(3).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Olga Torres
Events from this Firm
19 Oct 2017, Webinar, Dallas, United States

With the continued increase in regulatory fines and regulatory burdens, this webinar will assist you in reducing potential EAR and ITAR violations.

22 Oct 2017, Conference, Texas, United States

What to Expect

  • Three Tracks –Import, Export, General
  • International Trade Compliance Hot Topics
  • Valuation Seminar 10/25/17 9:00am-3:00pm
23 Oct 2017, Seminar, Texas, United States

Olga Torres to speak on “Top 10 Export Errors to Avoid”

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.