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FAQs
What are antidumping (AD) and countervailing (CVD) duties?

Why do I need to file a Quantity and Value Questionnaire?

Why do I need to file a Separate Rates Application?
 
Why do I need to file a Separate Rates Application?

For China, Vietnam, and other "Non-Market Economy" countries ("NMEs"), all companies are deemed to be under the government's control on questions of how to price merchandise.  Companies must prove they are not by law or by fact subject to their government's control.  To prove that a company is not controlled by its government, it must submit written responses and documentary evidence, as requested in the U.S. Department of Commerce's Separate Rates Application.

If a company chooses not to submit a separate rates application, it is classified as part of the country-wide entity.  If any portion of the country-wide entity does not respond to the mandatory Quantity and Value Questionnaire, the whole country-wide entity is deemed uncooperative and subject to "adverse facts available" ("AFA").  When a company is subject to AFA, the Department of Commerce can use adverse facts to determine that companies dumping margin.  The practical result of being subject to AFA is a very high dumping margin and an effective shutting down of the U.S. market to that company.

Because the consequences of not filing a Separate Rates Application are most likely severe, a company must seriously consider its commitment to the U.S. market before deciding not to file an application.