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305-456-3830|info@diaztradelaw.com

U.S. International Trade Commission (USITC)

Call 305-456-3830 or email info@diaztradelaw.com.

What Happens When Your Imports Become Subject to an AD/CVD Investigation? 

An antidumping or countervailing duty (AD/CVD) investigation can significantly change the cost of importing goods into the United States. Products that previously entered the country without additional trade remedy duties may suddenly face substantial cash deposit requirements, creating unexpected expenses and uncertainty for importers. 

If your products become subject to an AD/CVD investigation, understanding the process, potential financial exposure, and available options is essential to protecting your business. 

What Are Antidumping and Countervailing Duties? 

Antidumping and countervailing duties are trade remedies designed to address certain unfair trade practices involving imported merchandise. 

  • Antidumping duties (AD) address products sold in the United States at less than fair value. 
  • Countervailing duties (CVD) address imports that benefit from certain subsidies provided by foreign governments. 

These duties are separate from ordinary customs duties and other applicable tariffs. A product may be subject to both antidumping and countervailing duties, potentially increasing its total import costs substantially. 

Two federal agencies play central roles in AD/CVD investigations: 

  • U.S. Department of Commerce (Commerce): Determines whether dumping or countervailable subsidization exists and calculates applicable margins or subsidy rates. 
  • U.S. International Trade Commission (USITC): Determines whether the imports materially injure or threaten material injury to a U.S. industry. 

Generally, both agencies must make […]

By |2026-11-06T21:47:55-05:00November 6, 2026|AD/CVD, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. International Trade Commission (USITC)|0 Comments
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Upcoming November 9 Deadline: USITC Requests Input on Section 338 Trade Authority

The U.S. International Trade Commission (USITC) is seeking public comments on how it should implement Section 338(g) of the Tariff Act of 1930, a longstanding but rarely used provision addressing discriminatory trade practices by foreign governments. 

In a notice published in the Federal Register on September 9, 2026, the USITC announced that it is considering establishing procedures to identify discriminatory foreign trade practices, collect information from affected businesses, and provide findings and recommendations to the President. 

The initiative could have significant implications for U.S. businesses engaged in international trade, particularly exporters facing discriminatory treatment abroad and importers potentially affected by future trade measures. 

KEY TAKEAWAYS: 

  • USITC Seeks Input on Section 338: The U.S. International Trade Commission (USITC) is requesting public comments on implementing procedures under 19 U.S.C. § 1338(g) to identify and investigate discriminatory foreign trade practices.  
  • Potential for Additional Tariffs: Section 338 authorizes the President to impose additional tariffs of up to 50% on products from countries found to engage in certain discriminatory trade practices.  
  • New Opportunities for Businesses to Report Discrimination: The proposed procedures could provide U.S. exporters and other affected businesses with a more formal process for reporting discriminatory foreign trade barriers.  
  • No Immediate Changes to Import Requirements: The notice […]
By |2026-11-04T10:34:48-05:00November 4, 2026|International Trade, tariffs, U.S. International Trade Commission (USITC)|0 Comments
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New AD/CVD Case Filed Against Choline Salts from China 

A new antidumping and countervailing duty action has been filed against Choline Salts from China. The allegation is that imports from China are being dumped and unfairly subsidized.  

Full list of importers here.
Full list of exporters here. 

Background on AD/CVD Investigations 

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are initiated when a domestic industry alleges that it has been injured by competing imports unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner, while the foreign industry participating in the investigation is known as the respondent. 

Scope of the Investigation 

The merchandise covered by these investigations is choline salts, in all forms and purities.  

The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 2923.10.0000, 2106.90.9998, 2309.90.1005, 2309.90.1015, 2309.90.1020, 2309.90.1030, 2309.90.1032, 2309.90.1035, 2309.90.1045, 2309.90.1050, 2309.90.9500, and 3824.99.9397.  

Full scope here.

Next Steps 

The Commerce Department will determine whether to initiate the […]

By |2026-06-26T12:37:20-04:00June 26, 2026|China, Import, U.S. Department of Commerce (DOC), U.S. International Trade Commission (USITC)|0 Comments
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New AD/CVD Case Filed Against Stationary and Portable Air Compressors from China, Malaysia, and Vietnam 

A new antidumping and countervailing duty action has been filed against stationary and portable air compressors from China, Malaysia, and Vietnam. The allegation is that imports from China, Malaysia, and Vietnam are unfairly subsidized and are being dumped.  

Full list of importers here.  

Full list of exporters here.

Background on AD/CVD Investigations 

 Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner, while the foreign industry participating in the investigation is known as the respondent.

Scope of the Investigation  

The merchandise covered by these investigations is stationary and portable air compressors, electric, gas, and battery-powered.  

The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 8414.80.1615, 8414.80.1625, 8414.80.1635, and 8414.80.1685.  

Full scope here.

Next Steps 

The Commerce Department will determine whether to initiate the investigations within […]

By |2026-05-06T09:41:00-04:00May 6, 2026|AD/CVD, China, Import, International Trade, Investigation, U.S. Department of Commerce (DOC), U.S. International Trade Commission (USITC), Vietnam|0 Comments
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New AD Case Filed Against Polytetramethylene Ether Glycol From China, South Korea, Taiwan, and Vietnam   

A new antidumping action has been filed against Polytetramethylene Ether Glycol from China, South Korea, Taiwan, and Vietnam. The allegation is that imports from China, South Korea, Taiwan, and Vietnam are being dumped.  

Full list of exporters here. 

Import volume here.  

Background on AD Investigations 

Antidumping duty (“AD”) is brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. The domestic industry initiating the investigation is known as the petitioner, while the foreign industry participating in the investigation is known as the respondent. 

Scope of the Investigation 

The merchandise covered by these investigations is all forms of polytetramethylene ether glycol (“PTMEG”).  

The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 3907.29.00 and 2932.11.00.   

Full scope here.

Next Steps 

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days. 

As with any proceeding, participation is very important to protect your rights. We urge anyone who imports Polytetramethylene Ether Glycol from China, South Korea, Taiwan, or Vietnam to […]

By |2026-04-09T16:24:14-04:00April 9, 2026|AD/CVD, Import, International Trade, U.S. Department of Commerce (DOC), U.S. International Trade Commission (USITC)|0 Comments
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