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NEIL ELLIS is one of the most highly-regarded and experienced international trade regulatory attorneys in America.
Almost 40 years of experience in the field of U.S. international trade regulation before the federal trade agencies, litigation in federal courts and the WTO, and advocacy before Congress and the Executive Branch. Learn More.
Why the Department of Commerce’s Regulatory Revisions Matter
Recently the practice of antidumping and countervailing duty (anti-subsidy) law in the United States has included an increasing focus on the scope of AD/CVD orders and allegations of circumvention of such orders. Over the past 14 months, the U.S. Department of Commerce has undertaken to revise and update its regulations governing AD/CVD proceedings, leading to the recent publication of the most significant revisions to the regulations since they were promulgated in 1997. See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 Fed. Reg. 52300 (Sept. 20, 2021).
The revisions affect several areas of AD/CVD practice, but those concerning scope and anti-circumvention inquiries have been particularly significant. This note will consider three important (though by no means the only important) aspects of the revised regulations – (i) the re-organization of the regulatory architecture governing scope and anti-circumvention inquiries; (ii) the more precise procedural structures imposed upon these inquiries; and (iii) the temporal impact on liquidation of entries subject to such inquiries.. . .read more