U.S. Administration of the Antidumping Act of 1921

ID-79-15: Published: Mar 15, 1979. Publicly Released: Mar 15, 1979.

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The Antidumping Act of 1921, as amended, is costly, time-consuming and extremely burdensome to administer, primarily because its provisions are complex and some are imprecise. Dumping is the practice of exporting goods at unfair prices. Although access to dumped goods may benefit consumers and dampen inflationary trends, it may cause the affected domestic industry to lose sales and possibly reduce production and employment.

Matter for Congressional Consideration

  1. Status: Closed

    Comments: Please call 202/512-6100 for additional information.

    Matter: Congress should: (1) amend the Antidumping Act to provide for a 60-day preliminary investigation by the International Trade Commission (ITC) immediately following the receipt of a petition alleging dumping; (2) arrange for an appropriate independent evaluation of the impact and relationship of other unfair trade practice statutes; and (3) delete sections 205(b), 205(c), and 206(a) of the act, referring cases involving persistent and continuous below-cost sales for investigation under some other appropriate section of U.S. trade legislation.

Recommendation for Executive Action

  1. Status: Closed

    Comments: Please call 202/512-6100 for additional information.

    Recommendation: ITC should: (1) establish a coding system for specifically identifying and monitoring imported merchandise subject to dumping and/or other trade legislation investigations; (2) make wholesale price studies of merchandise and determine the effect of antidumping actions of industries and labor; (3) develop and adopt some generalized procedural rules and administrative guidelines for conducting injury investigations; and (4) provide for issuance, prior to public hearing, of a nonconfidential summary of information. The Secretary of the Treasury should: (1) begin reporting annually to Congress the results of Treasury actions to enforce the Antidumping Act; (2) expedite measures to reduce delays caused by preparation and issuance of master lists for duty assessments; (3) modify Custom's procedures to require determinations and assessments of final dumping duties within 15 to 18 months after findings of dumping; (4) establish a more uniform and standardized system of setting bonds to ensure payment of dumping duties to prevent unfair and unequal imposition of requirements; (5) instruct the Commissioner of Customs that bonding requirements should be more uniformly applied by each Customs District Director; and (6) require the Commissioner to formalize a procedure requiring Customs case handlers, where appropriate, to work jointly with overseas Customs representatives to collect and verify data from foreign producers involved in dumping investigations.

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