New “Service List” and “Appearance” Rules Dismantle Barriers for Requesting Parties

In recent months, new and modified Department of Commerce regulations impacting antidumping (AD) and countervailing duty (CVD) proceedings have taken effect. These changes, which are intended “to strengthen and improve the administration and enforcement of the AD/CVD laws,” will have a significant impact on participants in AD/CVD proceedings.

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What’s Changed?

  • New regulations (19 C.F.R. §§ 351.103, 351.305(d), 351.225(n), 351.226(n)) effective November 4, 2021, will address how Commerce serves notice of its administrative proceedings to interested parties and provides access to Business Proprietary Information (BPI).
  • Interested parties filing a scope ruling application, circumvention request, and publicly identified parties in a covered merchandise referral from CBP do not need to enter an appearance to be placed on the segment-specific service list.

What to Know

  • For scope ruling applications and circumvention inquiry requests, Commerce has implemented a new system of annual service lists in addition to segment-specific service lists.  Within certain time constraints, any interested party may enter an appearance on the annual service lists to receive notice of the filing of a scope ruling application or circumvention inquiry. However, after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.  If importers or foreign producers wish to receive service in following years, they will have an opportunity to enter appearances yearly.
  • Once created, parties other than the scope ruling applicant or the party requesting a circumvention inquiry will need to file an additional entry of appearance if they want to participate in the specific segment.
  • Importers identified by CBP in a covered merchandise referral need not submit documentary evidence of importation to receive access to BPI information.

How We Can Help

The Arent Fox team can help monitor Commerce’s AD/CVD proceedings, including scope and circumvention inquiries and covered merchandise referrals from CBP, and enable importers to participate in these proceedings, if desired.

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