After the verification, the attorneys for the foreign company and the attorneys for the United States industry prepare legal briefs to submit to the Commerce Department. The briefs are based largely on key issues in the case, issues raised in the verification reports, and on the various developments that have taken place during the investigation. The parties set forth their views concerning the important issues in the investigation and how the Commerce Department should treat these issues. The tentative schedule for the briefs is published in the Federal Register notice accompanying the preliminary determination, but the schedule sometimes changes.

 

The legal arguments in this phase of the investigation take place in several parts. The deadlines imposed by the statute often force the Commerce Department to move very quickly through the last few weeks of an anti-dumping investigation. First, the parties submit pre-hearing briefs. These briefs are usually due after the Commerce Department has released the verification reports.

 

Second, the parties submit rebuttal briefs. These briefs are usually due one week after the pre-hearing briefs. The parties are allowed to comment only on the arguments raised by the other side in its pre-hearing brief. These briefs, and any other arguments submitted by the lawyers during the investigation, are usually considered by the Commerce Department during its deliberations about the final determination.

 

Third, the Commerce Department usually holds a public hearing approximately one week after the pre-hearing briefs are submitted. Although such a hearing is not required by the law unless one of the parties requests it, usually one of the parties makes such a request. The hearing normally lasts between two and four hours, depending on the number of companies that wish to participate. Anyone may attend. Foreign companies may attend the hearing, but they usually choose not to do so.

 

Several Commerce Department officials will attend the hearing, including the Commerce Department staff members who have been working on the investigation. In theory, the purpose of the hearing is to allow the Commerce Department staff members to ask questions to help them decide the important issues in the investigation. In practice, the Commerce Department officials seldom ask questions, although this varies depending on the particular officials and issues involved. This hearing will be one of the opportunities to draw their attention to important issues in the case.

 

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