What is the difference between antidumping and countervailing duties?

Antidumping duties offset goods sold below fair value; the duty equals the dumping margin. Countervailing duties offset goods that benefit from foreign government subsidies; the duty equals the subsidy rate. Both arise under the Tariff Act of 1930.

Who decides whether AD/CVD duties apply?

The Department of Commerce determines dumping or subsidization and sets the rate; the U.S. International Trade Commission determines whether the imports injure a U.S. industry. An order issues only if both findings are affirmative, and CBP collects the duties.

Why might my final AD/CVD bill differ from what I deposited?

The U.S. uses a retrospective system. You pay an estimated cash deposit at import, but Commerce sets the final duty later through an annual administrative review. The final rate can be higher or lower than your deposit.

How do I know if my product is subject to an AD/CVD order?

Check the product and country against existing orders, focusing on the order’s scope language and the tariff classification. If coverage is unclear, request a formal scope ruling from Commerce before importing. AD/CVD exposure attaches to the goods and can dwarf an ordinary duty — and the retrospective system means the bill can land long after the sale. Reidel Law Firm provides import and export compliance counsel, including scope screening and duty-exposure analysis, for a predictable flat fee: get a flat-fee compliance memo before your next entry.

INTERNATIONAL TRADE LAW

Antidumping & Countervailing Duties: A Guide

Schuyler 'Rocky' Reidel July 13, 2023 5 min read

Antidumping (AD) and countervailing (CVD) duties are extra import duties the United States impo