About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

GAO-20-50R 1 (2019-11-07)

handle is hein.gao/gaobaeaed0001 and id is 1 raw text is: 




GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548



November 7, 2019


The Honorable Shelley Moore Capito
Chairwoman
The Honorable Jon Tester
Ranking Member
Subcommittee on Homeland Security
Committee on Appropriations
United States Senate

The Honorable Lucille Roybal-Allard
Chairwoman
The Honorable Chuck Fleischmann
Ranking Member
Subcommittee on Homeland Security
Committee on Appropriations
House of Representatives

Antidumping and Countervailing Duties: Information on Actions by Commerce and CBP
to Address Reported Weaknesses in Duty Collection Processes

The United States assesses antidumping (AD) duties on products imported at unfairly low prices
and countervailing (CV) duties on products subsidized by foreign governments to address injury
to domestic industries. The U.S. system for determining AD/CV duties involves the setting of an
initial estimated duty rate upon the entry of goods into U.S. commerce, followed by the
retrospective assessment of a final duty rate. The Department of Commerce (Commerce) sets
an initial estimated AD/CV duty rate, based on a calculation of the estimated margin of dumping
or the estimated amount of subsidy, and later determines a final duty rate based on the actual
amount of dumping or subsidization that occurred. U.S. Customs and Border Protection (CBP)
is responsible for collecting the estimated duties owed at the time of entry, which are based on
the initial rate.

Once Commerce assesses the final duty rate, which can occur, at the earliest, during the
anniversary month of the initial rate setting, CBP either sends the importer a supplemental bill
(when the final duty rate exceeds the initial duty rate), provides a refund (when the final duty is
less than the initial duty), or does not issue a bill or a refund (when the final duty is the same as
the initial duty). The amount that an importer may ultimately be billed can significantly exceed
what the importer pays when the goods enter the country.

In 2016, we reported that CBP continued to face challenges collecting payment on
supplemental AD/CV duty bills, attributable in part to the U.S. government's retrospective
assessment of final duties owed and the complex and lengthy process for determining final


GAO-20-50R Mitigating Uncollected Duties


Page 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most