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ARTICLE · 21 MARCH 2023

Commerce Requests Input On How To Address Distorted Production Costs Affecting Dumping Margin Accuracy

Cassidy Levy Kent LLP
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A Commerce Department notice forthcoming in the Federal Register provides interested parties until Sunday, December 18, 2022, to provide comments concerning the future of the particular market situation...

United StatesInternational Law
Thomas M. Beline
Thomas M. Beline
Daniel J. Calhoun
Daniel J. Calhoun
James E. Ransdell
James E. Ransdell
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A Commerce Department notice forthcoming in the Federal Register provides interested parties until Sunday, December 18, 2022, to provide comments concerning the future of the particular market situation ("PMS") provision added to the antidumping duty statute in 2015 that enables Commerce to account for distorted production costs in foreign markets. This comment period is likely one of the last opportunities for interested parties to inform Commerce's practice in calculating accurate dumping margins that account for foreign market distortions in advance of potential formal rulemaking by the agency.

Commerce's announcement requests comments on three specific issue areas as Commerce considers new regulations:

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