Although anti-dumping investigations do not appear as regularly as Customs tariff applications, they do have a direct impact on imported products, restricting access for 5 years. Thereafter they could be subject to an extension by means of a Sunset Review. Anti-dumping duties and countervailing (anti-subsidy) duties are company and country specific.
Similar to Customs tariff applications, on the publication of the investigation a period of comment of 37 days is normally allowed, after which the investigation seemingly disappears, only to resurface with the publication of a provisional anti-dumping duty or a final anti-dumping, resulting in change in the anti-dumping dispensation. (Unlike Customs tariff applications, trade remedy investigations, with the exception of Sunset Reviews, have two stages – a preliminary determination and a final determination.)
Even though companies tend to be more involved during the investigation than in the instance of Customs tariff applications, companies generally tend not to be prepared or even anticipating an anti-dumping amendment. As a consequence the amendment generally tends to hit as a bolt out of the blue.
Based on our extensive analysis we will in future provide you with a Trade Remedy Cautionary™, an alert of the possible anti-dumping amendment that we foresee due to the time that has lapsed since the investigation was initiated.