Higher Bar For Nonmarket Economy Cos. In Anti-Dumping Cases

As a result of two developments at the U.S. Department of Commerce, Chinese and Vietnamese companies exporting products subject to U.S. anti-dumping proceedings are facing increasing prospects that their shipments will be subject to higher “countrywide” dumping duties rather than generally lower “separate rates.” In short, a higher bar has been set for companies operating in nonmarket economies (NMEs) to establish that their export activities are not subject to government control and NME companies now have a much shorter deadline by which to complete the lengthy application necessary to demonstrate the absence of government control.