United States of America: Changed methodology in antidumping investigations of non-market economies
Under an announced change in methodology that the U.S. Department of Commerce published in the Federal Register on June 19, 2012 (Vol.77 No.118), the export price or constructed export price in certain non-market economy (NME) antidumping proceedings will be reduced by the amount of export tax, duty, or other charge. This change may have the effect of widening the dumping margins that the department finds. The department said in the notice that it has reconsidered its administrative practice that taxes paid by NME companies to these NME governments cannot be identified and measured. In antidumping duty investigations and administrative reviews involving merchandise from China and Vietnam the department will now determine whether the NME government has imposed “an export tax, duty, or other charge” upon export of the subject merchandise during the period of investigation or the period of review (e.g., an export tax or VAT that is not fully refunded upon exportation).
Any Evidence-Based Deliberation:
|Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations?|
|Is there any evidence that alternatives to the proposed measure were considered?|
|Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government?|
|Was such evidence identified?|
|Is such evidence publicly available?|
|Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives?|
|Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken?|
|Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory?|
|Did the government state its intention to review the measure within one year of implementation?|
Date of inception: 19 Jun 2012
GTA Evaluation: Red
See the hyperlinked material in the description.