The original investigation determines only estimated anti-dumping duties. The actual duties are established during the administrative reviews under Section 751 of the Tariff Act of 1930, usually known as 'Section 75 I reviews'. The most important aspects of administrative reviews are:

 

- Reviews begin each year in the anniversary month of the anti-dumping order.

 

- Although reviews were once automatic, recent amendments to United States law now require one of the parties to request a review. If no one requests a review, the Commerce Department uses the estimated duties from the preceding investigation as the basis for the actual duties.

 

- Reviews take approximately one year to complete; historically the Commerce Department has been slow to publish the final results of administrative reviews, with delays sometimes taking several years; the current practice is more disciplined and timely.

 

- Reviews continue indefinitely until a company satisfies the requirements for termination of the anti-dumping order. Meeting these requirements can take several years.

 

Under the new law, there will be a 'sunset review' every five years to determine whether the duties will be continued. Sunset reviews involve work by both the Commerce Department and the Commission.

 

In general, the Commerce Department applies the same basic rules in an administrative review as in the original dumping investigation. A detailed examination of how the detailed methodologies vary in administrative reviews is beyond the scope of this book. Foreign companies should simply keep in mind that if they find themselves in an administrative review situation, they need to be sure to discuss with their advisers how the rules might vary for their particular case.

 

Source: Business Guide to Trade Remedies in the United States: Anti-dumping, countervailing and safeguards legislation practices and procedures