Department of Commerce Proposes Revised Method of Calculating Weighted Average Dumping Margin and Assessment Rate

January 5, 2011

On December 28^th, 2010 the U.S. Department of Commerce (DOC) issued a proposed rule and a request for comments regarding revisions to the calculation of the weighted average dumping margin and antidumping duty assessment rate in certain antidumping duty proceedings. The DOC is proposing revisions in light of several World Trade Organization (WTO) dispute settlement reports that found the United States application of these methodologies was inconsistent with its WTO obligations.

Currently, in Administrative Reviews, New Shipper Reviews and Expedited Antidumping Reviews, the DOC usually makes comparisons between transaction-specific export prices and average normal values and does not offset any dumping that is found with the results of comparisons for which the transaction-specific export price exceeds the average normal value. The DOC proposes to modify its methodology for calculating weighted average margins of dumping and assessment rates in these types of reviews to provide offsets for non-dumped comparisons while using monthly average-to-average comparisons in a manner consistent with the methodology the DOC uses in original investigations. The DOC has extended the comment deadline from January 27, 2011 to February 18, 2011.

For further information or assistance submitting a comment, contact a Barnes/Richardson attorney.