To amend the Tariff Act of 1930 relating to determining the all-others rate in antidumping cases.

Summary

Amends the Tariff Act of 1930 to modify the method used, after making an affirmative determination in antidumping cases, by the Secretary of Commerce in estimating the all-others rate for exporters and producers not individually investigated. (Currently, the all-others rate equals the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under requirements for determinations based on available facts when necessary information cannot be obtained.) Eliminates the qualifier "entirely" with respect to margins excluded from the all-others rate formula when they have been determined under the requirements for determinations based on available facts when necessary information cannot be obtained. (Thus, excludes such margins from the formula even though they have been determined only partially under such requirements.) Eliminates the qualifier "entirely," also, from the exception to this general rule. (Currently, the exception states that if the estimated weighted average dumping margins established for all exporters and producers individually investigated are zero or de minimis margins, or are determined entirely under requirements for determinations based on available facts when necessary information cannot be obtained, the administering authority may use any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted average dumping margins determined for the exporters and producers which are individually investigated.) Applies this exception when the estimated weighted average dumping margins are determined even partially under requirements for determinations based on available facts when necessary information cannot be obtained.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 19 May 2005

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• Introduced in House (PDF)

  Introduced in House · EN · 19 May 2005

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• Introduced in House

  summary · EN · 19 May 2005

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