On 5 April 2005, the Commerce Department issued a new 'separate rate' application process that will be used to determine whether NME companies not selected as mandatory respondents qualify for separate rate status in NME anti-dumping investigations. The Commerce Department has stated that, at present, this new separate rate application process will be utilized only during original investigations. For administrative reviews, the Commerce Department intends to follow its prior practice of requiring all NME exporters to justify separate rate status by completion of Section A of the anti-dumping questionnaire. However, it seems likely that in the near future the Commerce Department will also apply the new separate rate application process to NME exporters participating in administrative reviews.

 

The new application process has several noteworthy changes from the Commerce Department's practice. The most important of these concern deadlines. First, companies seeking separate rate status now have an early and firm deadline for submitting the completed application. The completed questionnaire must be submitted to the Commerce Department within 60 days from the date when the Commerce Department publishes its investigation initiation notice, which is typically 27 days after the petition is filed. Applications received after this date will not be accepted.

 

Second, if the exporter wants the ability to correct any identified deficiencies in the application, the exporter must submit a completed application to the Commerce Department within 30 calendar days after the initiation notice is published. Companies that. submit their separate-rate applications after this 30-day deadline will not get the benefit of a Commerce Department pre-review.

 

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