Commerce Scheduled To Review Several AD/CVD Cases: Parties Should Evaluate Whether To Request Reviews

The Department of Commerce (DOC) published a notice giving interested parties an opportunity to request administrative reviews of certain antidumping (AD) and countervailing duty (CVD) orders.

Each year, through its administrative review process, the Department of Commerce can adjust the current AD/CVD rates in effect and make retroactive adjustments on deposits made during the applicable review period. This means the possibility of refunds for past entries. It also means that, if a review is requested, importers could owe more duties, plus interest on any underpayment, with the exception of duties on entries between the preliminary determination in an original investigation and the publication of the International Trade Commission's final affirmative injury determination. Entries during this period are "capped", meaning the importer cannot owe more duties, even if the Department of Commerce calculates AD/CVD rates in the review that are higher than those in effect during the "cap period."

We recommend reviewing the full list of AD/CVD orders in the published notice for other cases that may be of interest to your company. 

Specifically, January is the "anniversary month" of the AD/CVD orders covering imports from 1/1/2020 to 12/31/2020 in the following four cases:

• Wooden Bedroom Furniture from China (AD only) 

• Hardwood Plywood Products from China (AD and CVD) 

• Softwood Lumber from Canada (AD and CVD)

• Tool Chests and Cabinets from China (CVD only)  

If your company made exports, or had imports, of products subject to these cases during the periods listed above, you should consider whether to request a review. 

The deadline to request reviews in the above cases is January 31, 2021. Please let us know by January 15, 2021 if you would like to seek a review in any of the above cases.

After the Department of Commerce initiates the review, a requester has the right to withdraw the review request within 90 days of the date of publication of the initiation notice. Therefore, our general advice on review requests is, "when in doubt, request the review," in order to keep your options open and to reassess the situation once we gather all review requests filed by other parties.

Contact RV Industry Association Senior Manager of Government Affairs Samantha Rocci at srocci@rvia.org for more information.