Tiếng Việt
中文 (中国)
Because trade remedy investigations often take a long time, have far-reaching effects on many sectors and industries in the economy, the WTO has established a mechanism to issue preliminary and final conclusions in the trade remedy investigations by member countries, including the United States.
Since investigations are often protracted leading to the possibility of causing more severe damage to the domestic industry, it is reasonable to include a tax mechanism in the preliminary conclusion, to allow the competent authorities have the right to prevent acts of dumping, subsidies or evading trade remedies.
Under WTO rules, the mechanism for issuing preliminary findings will require less evidence than full conclusions for any investigation. The provisional duty rate in the preliminary conclusion may remain the same, increase or decrease at the final conclusion.
In the United States, during the preliminary investigation stage, the competent authority, the United States International Trade Commission (USITC), will consider whether there is appropriate evidence of injury or potential injury to the domestic industry or not.
At this stage, the USITC may issue a conclusion that the damage was negligible or that there was no damage, leading to the termination of the investigation, although this is rare.
Within 45 days of the initiation of the investigation, the USITC will issue a preliminary finding. If the USITC finds an appropriate indication of injury, the ITA will initiate a preliminary investigation to determine whether dumping exists.
The ITA must give its decision within 140 days or within 190 days of receiving the complaint or in the case of a complicated case. If the ITA’s preliminary finding identifies dumping or subsidies, the ITA also estimates the weighted average subsidy or dumping margin for each separately investigated exporter or producer, and other rate for all remaining exporters.
Where the ITA determines that there is no dumping or subsidy, the ITA will continue the investigation to the final stage (without ordering a suspension of liquidation of the imports thereafter) and the USITC will also continue with the investigation.
Since this is a preliminary conclusion, investigating authorities may not be able to gather all possible evidence, and continuing this investigation provides an opportunity for stakeholders to provide additional information and evidence to the investigative agency. The ITA must issue a final decision within 75 days of the issuance of the preliminary finding.
If the ITA’s final determination concludes that there is no dumping or subsidy, the proceedings will be terminated. If the ITA’s final determination is that dumping/subsidy exists, the ITA issues a final order to impose duties on the final determination.
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