The Commission and the U.S. Department of Commerce (Commerce) are responsible for conducting antidumping (AD) and countervailing duty (CVD) (subsidy) investigations under Title VII of the Tariff Act of 1930. Under this law, U.S. industries may petition the Commission and Commerce for relief from imports that are sold in the United States at less than fair value ("dumped") or that benefit from countervailable subsidies provided through foreign government programs ("subsidized"). Dumping and certain subsidizing are considered unfair trade practices.
The Commission and the U.S. Department of Commerce both have roles in these investigations, but each addresses a different question. Commerce determines whether the alleged dumping or subsidizing is happening, and if so, the margin of dumping or amount of subsidy. The Commission determines whether the U.S. industry is materially injured or threatened with material injury by reason of the imports under investigation. If both Commerce and the Commission reach affirmative final determinations on their individual questions, then Commerce will issue an antidumping duty order to offset the dumping or a countervailing duty order to offset the subsidy.
As a small business, you may receive general information and technical assistance from the Trade Remedy Assistance Office (TRAO). Technical assistance includes informal advice and assistance, including informal legal support, intended to enable eligible small entities to determine the appropriateness of pursuing remedies under Title VII, to prepare petitions, and to seek to obtain the remedies available under Title VII. Technical assistance does not include legal representation of an eligible small business or advocacy on its behalf. Relevant USITC rules are in 19 CFR 213. [PDF]. For further information, contact the Trade Remedy Assistance Program Manager, Joshua Levy, by phone at (202) 205-3236 or 1 (800) 343-9822, or by email at trao@usitc.gov.
For additional FAQs related to AD/CVD investigations, please use this link: https://www.usitc.gov/faqs/import_injury_faqs.htm