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Duty Types

What is Antidumping Duty?

Additional tariff imposed on imports sold below fair market value to protect domestic industry. In the context of U.S. customs and tariff recovery, understanding antidumping duty is essential for navigating the CAPE refund process and ensuring accurate duty assessment.

Definition

An antidumping duty (AD) is an additional tariff imposed on imported goods that are sold in the U.S. market at less than their fair market value — a practice known as 'dumping.' The International Trade Commission (ITC) investigates whether dumping causes material injury to a domestic industry. If confirmed, the U.S. Department of Commerce calculates a dumping margin and CBP assesses the antidumping duty accordingly. AD rates can be substantial — sometimes exceeding 100% of the goods' value — and are assessed on top of the normal tariff rate. AD duty deposits are subject to annual administrative reviews that can retroactively adjust the rate.

How Antidumping Duty Relates to Tariff Refunds

Antidumping duties are separate from IEEPA and Section 301 tariffs. Goods subject to AD orders may also carry Section 301 surcharges, making them eligible for CAPE refund claims on the Section 301 portion. However, the AD duty itself is not part of the CAPE program. Importers should ensure their refund claims correctly distinguish between AD deposits and recoverable tariff overpayments.

Example

Chinese steel imports subject to a 45% antidumping duty also carry a 25% Section 301 tariff. If the Section 301 tariff is reduced, the importer can claim a CAPE refund on the 301 overpayment, but the 45% AD rate remains as assessed by Commerce.

Frequently Asked Questions

Are antidumping duties refundable through CAPE?
No. CAPE covers IEEPA and Section 301 tariff overpayments. Antidumping duties are assessed under separate trade remedy laws and have their own review and refund processes.
How are antidumping duty rates determined?
The Department of Commerce calculates a dumping margin by comparing the U.S. sale price to the normal value (usually the home market price) of the imported goods.

Related Terms

Countervailing DutyAdditional tariff imposed to offset foreign government subsidies on exported goods, levied after ITC investigation.DutyA tax imposed by the government on imported goods, based on the HTS classification and country of origin.ITCInternational Trade Commission — the independent U.S. agency that investigates trade injury claims and advises on tariff policy.LiquidationCBP's final determination of the correct rate of duty and total amount owed on an import entry.Suspension of LiquidationA hold on CBP's final duty determination, typically during antidumping or countervailing duty investigations.Section 301Trade Act provision authorizing tariffs in response to unfair foreign trade practices, notably applied to Chinese imports.

Legal References

  • 19 U.S.C. § 1673 — Antidumping Duties
  • 19 CFR Part 351 — Antidumping Duty Procedures

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