The Department of Commerce (Commerce) is responsible for conducting AD/CVD investigations and reviews to determine whether and to what degree merchandise is being sold at unfair prices in the United States, or benefit from countervailable subsidies. CBP is responsible for enforcing the AD/CVD law and collecting the AD/CVD assessed against applicable imports. Enforcement of the AD/CVD law is of interest to and under scrutiny by a wide range of external entities including importers, case petitioners, their attorneys and Congressional and Administration representatives. Dumped and subsidized merchandise has a negative impact on the economic viability of U.S. companies because it tilts the economic playing field in favor of foreign manufacturers. The collection of AD/CV duties by CBP levels the playing field for U.S. companies injured by this unfair trade practice.

The AD/CVD PTI:

• Facilitates legitimate trade by promoting partnerships with key internal and external stakeholders including other government agencies (OGAs), and international partners and organizations; promotes the timely transit of compliant goods across the border by focusing actions in the post-entry environment.
• Enforces the AD/CVD law by utilizing a risk-based approach to identify and address violations and circumvention schemes; and, promotes the use of traditional and innovative mechanisms to address non-compliance and revenue collection issues.
• Promotes economic security by supporting cooperative relationships with OGAs such as Commerce to level the playing field for U.S. companies injured by this unfair trade.

The laws governing the AD/CVD provisions are provided for in Title VII, Sections 701-783 of the Tariff Act of 1930 as amended, and updated by the Uruguay Round Agreements Act (P. L. 103-465) (December 8, 1994). These provisions are codified as Chapter IV of Title 19 of the United States Code (19 U.S.C.), sections 1671-1677n (19 U.S.C. §§ 1671-1677n). The AD/CVD provisions are also governed by the North American Free Trade Agreement Implementation Act (P.L. 103 -182), which amended Title 19 concerning trade between Mexico, Canada, and the United States. Commerce’s regulations governing how to implement the AD/CVD provisions of the U.S. Code are laid out in Title 19, Part 351 of the Code of Federal Regulations (19 CFR 351). See, Antidumping Duties, Final Rule 62 FR 27295, May 19, 1997. CBP’s regulations concerning AD/CVD provisions are laid out in 19 CFR 159.41 and 159.47, which state that AD/CV duties shall be assessed according to Commerce’s regulations, and 19 CFR 159.58, which outlines the responsibilities of the port director to suspend liquidation on applicable entries and to notify the affected importer, consignee, or agent.