Trade Cases: Uncertainty About Scope

We were asked a question by one of our readers regarding importations of fabricated steel products. They wanted to know how can their company be assured the roll-formed products made from steels covered under the AD/CVD orders are exempt from the scope of the orders. We turned around and asked trade attorney Lewis Leibowitz to weigh in on the subject and we thought his comments were important and needed to be shared with our readers:

The scope of an antidumping or countervailing duty order goes to the heart of trade law and policy. Antidumping and countervailing duty orders are limited to products within the “scope” of the order.  In the US, the scope is determined by the verbal description of the covered products.  The tariff classifications covering most or all of the covered items are generally listed as part of the scope description.  They are not conclusive; however, it is also true that tariff classification is relevant in interpreting the scope. Therefore, if the tariff classification of an item is not listed as part of the scope of an order, it is a point suggesting that the product may not be within the scope of the order.  But it is not all you need to know.