(U.S. Customs & Border Protection) Pursuant to the U.S. Anti-Dumping Act of 1974, antidumping duties (ADD) are assessed on imported merchandise of a class or kind that is sold to purchasers in the United States at a price less than fair market value. The Department of Commerce calculates the difference between the price at which the merchandise is being sold in the United States and its fair market value. The Customs service is directed to assess cash deposits or require bonds to cover possible ADD duty liability, and to suspend the liquidation of the entries until final decisions are made. The U.S. Department of Commerce is responsible for overall administration of ADD laws and for investigating charges of dumping. Investigations are initiated when a U.S. domestic industry files a petition with the DOC, claiming unfair competition by foreign manufacturers. The Department of Commerce investigates the claim and the U.S. International Trade Commission (USITC) investigates whether there is a reasonable indication that U.S. industries are, or may be, harmed by the alleged dumping. Results of both investigations are published in the Federal Register. When the DOC and the ITC have completed their investigations and determined that dumping has occurred, DOC will publish an U.S. Antidumping Duty Order in the Federal Register. At this point, bonding is no longer permitted, and Customs will collect cash deposits only. Each year, on the anniversary of the final determination, the DOC must, by law, review the case if requested by interested parties to determine whether the rates in effect are correct. The results are published in the Federal Register. Commerce will direct Customs to liquidate the entries and make refunds or additional duty assessments as appropriate.
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