Antidumping and countervailing duties can change the economics of a U.S. sale, and a quick HTS search is not enough to clear the risk. The U.S. Department of Commerce administers AD/CVD proceedings and scope questions, while CBP collects cash deposits and duties under Commerce instructions. The review must connect the actual merchandise, country, producer, exporter, entry timing, and written order scope. [1] [2] Use the Tandom AD/CVD Lookup as an initial screen, not as a substitute for reading the written scope and current instructions.
TL;DR
- Screen by product and country before offering a fixed U.S. landed price. Use complete physical, manufacturing, origin, producer, and exporter facts, not a sales name alone.
- Read the full written scope of every potentially relevant order, including inclusions and exclusions. HTS numbers are listed for convenience and customs purposes; HTS association does not establish AD/CVD scope. [2]
- Keep scope and rate as separate decisions. First determine whether the merchandise is covered. Only then identify the current cash-deposit instruction for the actual producer and exporter combination.
- A current cash-deposit rate is not necessarily the final duty liability. Rates and instructions can change, so every commercial model needs a lookup date, source, and refresh trigger. [2]
- The foreign supplier should provide accurate product, production, origin, producer, and exporter evidence. The U.S. importer of record retains responsibility for entry information and reasonable-care decisions. [6]
Decide whether the quote needs an AD/CVD gate
Apply an AD/CVD gate whenever the product and country could resemble merchandise covered by an existing order, investigation, or scope proceeding, or when the buyer asks for a landed price. Do the screen before approving tooling, samples, a DDP-style commitment, or a price that assumes no trade-remedy deposit.
| Signal | Why it matters | Immediate action |
|---|---|---|
| Commodity commonly named in trade-remedy cases | Broad commercial names can conceal detailed product coverage | Search product families, materials, forms, components, and common synonyms |
| Production in a country named in an order | Scope analysis starts with the merchandise and the country covered | Freeze manufacturing and origin facts before screening |
| Buyer provides an AD/CVD case number | The case may be relevant, but the number alone does not decide scope | Retrieve the current order and complete scope language |
| HTS code appears in an order | The code is a screening clue only | Compare the product with the written scope, inclusions, and exclusions |
| Producer or exporter is unknown | Cash-deposit treatment can depend on the actual combination | Stop the landed-cost commitment until the parties are fixed |
| Very low duty assumption drives the deal | An incorrect assumption can reverse the quoted economics | Require importer and qualified reviewer approval |
Create one product, country, producer, and exporter fact file
Scope language often turns on physical description, material, grade, chemistry, dimensions, form, processing, assembly state, component relationship, function, or end use. Build the record from engineering and production evidence before asking a broker or lawyer for a conclusion. A vague catalog page cannot support a defensible scope review.
- Part number, revision, neutral product description, drawings, photos, and sample availability
- Material specifications, chemical composition, grades, coatings, dimensions, weight, and tolerances
- Finished, unfinished, assembled, unassembled, kit, component, and packaging state at import
- Function, principal use, customer application, and the product into which it is incorporated
- Manufacturing route, subcontract steps, and country where each material and operation occurs
- Legal manufacturer, production site, seller, exporter, invoicing entity, and proposed importer
- Proposed HTS classification with rationale, treated only as a cross-reference rather than a scope conclusion
- Comparable products, prior entries, rulings, scope decisions, and any differences from the current merchandise
The supplier should sign off on the accuracy of facts within its control. The importer should identify what additional information it needs for entry. Under U.S. law, the importer of record must use reasonable care to enter, classify, value, and provide required information; a supplier fact pack supports but does not transfer that responsibility. [6]
Find every plausibly relevant order and proceeding
Search Commerce resources by product name, material, form, industry term, common synonym, country, and any known case number. Search broadly enough to capture orders whose titles are narrower or older than the current sales language. Then retrieve the current order, amendments, continuation notices, scope decisions, and applicable instructions rather than relying on a search-result snippet. [1]
| Field | What to save |
|---|---|
| Scenario | Part number, configuration, country, producer, exporter, and planned entry period |
| Queries | Every product, material, form, synonym, country, case number, and HTS clue searched |
| Potential cases | Order title, A or C case number, country, publication date, and current source link |
| Documents reviewed | Order, amendments, continuation notices, scope rulings, and instructions with dates |
| Initial result | No plausible order, possible order, clear exclusion candidate, or unresolved scope |
| Reviewer | Name, role, date, open issue, and next refresh trigger |
Compare the merchandise with the complete written scope
Commerce states that the written description of the merchandise is dispositive and HTS numbers are supplied for convenience and customs purposes. Therefore, an HTS match does not prove coverage, and an HTS mismatch does not prove exclusion. A CBP classification ruling also does not decide Commerce's AD/CVD scope question. [2] [5]
| Scope element | Product fact | Evidence | Status |
|---|---|---|---|
| Physical form and dimensions | Actual imported form and measured range | Drawing, specification, photograph, measurement record | Match, no match, or uncertain |
| Material or chemistry | Grade, composition, coating, and constituent limits | Material specification and current test certificate | Match, no match, or uncertain |
| Processing and assembly | Finished state and all operations before entry | Process route and bill of materials | Match, no match, or uncertain |
| Use or component relationship | Actual function and downstream assembly | Technical datasheet and buyer application | Match, no match, or uncertain |
| Express inclusion | Whether a named included product description applies | Clause-to-fact explanation | Included, not included, or uncertain |
| Express exclusion | Whether every condition of an exclusion is satisfied | Clause-to-evidence mapping | Excluded, not excluded, or uncertain |
Quote the relevant scope language in the review file, but do not stop at the first sentence. Read definitions, dimensional thresholds, exclusions, examples, country coverage, and later scope determinations. If reasonable reviewers cannot resolve a material ambiguity, Commerce publishes a formal scope-ruling process and application guide. [3]
Identify the current instruction for the actual trade parties
Resolve scope before calculating a deposit. If the merchandise is covered, identify the AD and CVD cases separately, the manufacturer, exporter, seller, and entry period. Commerce explains that rates can be company-specific and that importers deposit estimated duties at entry under current instructions. Do not substitute a marketplace average or another supplier's rate. [2]
| Question | Required record | Do not assume |
|---|---|---|
| Which case applies? | Current order title, country, A or C case number, and scope conclusion | One case number covers both AD and CVD |
| Who produced the goods? | Legal name, production site, aliases, and supporting invoice or manufacturing evidence | Seller and producer are the same entity |
| Who exports the goods? | Legal exporter, invoicing chain, and shipment documents | A trading company uses the producer's treatment automatically |
| Which instruction is current? | Source, effective entry period, producer and exporter combination, and lookup date | A rate found in an old review remains current |
| What amount is modeled? | Customs-value assumption and separate AD and CVD deposit lines | The cash deposit is the final assessed duty |
If any party is unknown, the product may be supplied from another factory, or the order has no clearly applicable company-specific treatment, stop and have the importer determine the current instruction with its broker or trade counsel. A commercial team should never invent a rate to complete a spreadsheet.
Convert the review into a controlled quote decision
| Outcome | Quote treatment | Required approval |
|---|---|---|
| Documented no-order result | State the search date, facts, and refresh conditions; do not guarantee future treatment | Importer review when the assumption affects landed price |
| Potential order with supported exclusion | Reference the exact exclusion and evidence; keep the conclusion conditional on unchanged facts | Importer and qualified scope reviewer |
| Scope unresolved | Exclude AD/CVD from a firm landed price or pause the quote | Importer and qualified trade counsel; consider a scope ruling |
| In scope with current instruction | Show AD and CVD cash-deposit assumptions as separate dated lines | Importer confirms case, parties, rate source, value, and entry period |
| Producer, exporter, or origin may change | Do not release a fixed AD/CVD assumption | Commercial release only after the supply chain is frozen and re-screened |
The quote should identify the scenario, scope status, source date, producer, exporter, importer, customs-value assumption, included and excluded costs, and who bears any change. Avoid statements such as “no antidumping duty” unless a qualified reviewer has approved the conclusion for the exact merchandise and entry scenario.
Maintain the file through shipment and entry
AD/CVD review is not a one-time sales exercise. Link the approved analysis to the part, bill of materials, producer, exporter, purchase order, commercial invoice, packing list, and entry scenario. Shipment documents must use descriptions and party identities consistent with the reviewed facts.
- Re-screen when the product, material, dimensions, coating, processing, kit contents, or end use changes
- Re-screen when the factory, subcontractor, exporter, seller, invoicing chain, routing, or claimed origin changes
- Refresh the case and instruction check before each commercially material quote or entry period
- Preserve the order and scope documents reviewed, source links, dates, comparison matrix, and reviewer approval
- Keep AD and CVD case numbers, deposit assumptions, and calculations on separate lines
- Escalate any mismatch between the reviewed facts and production or shipping documents before shipment
- Never alter product descriptions, party names, routing, or codes to avoid a potential order
- Give the importer prompt notice of any fact change that could affect scope or rate treatment
When formal certainty is required, follow Commerce's current scope procedures and evidence requirements. The Scope Ruling Application Guide explains the application structure, service requirements, and supporting information, but the parties should use current regulations and qualified advice for a live filing. [3]
Glossary
- AD
- Antidumping duty, a trade remedy addressing imports found to be sold at less than fair value under the applicable U.S. proceeding.
- CVD
- Countervailing duty, a trade remedy addressing imports found to benefit from countervailable government subsidies under the applicable U.S. proceeding.
- Cash deposit
- Estimated AD or CVD security collected at entry under current instructions, not necessarily the final assessed liability.
- Scope
- The controlling written description defining the merchandise covered by an AD/CVD proceeding or order.
- Scope ruling
- A formal Commerce determination addressing whether particular merchandise is within an AD/CVD scope.
- Order
- The formal AD or CVD measure covering defined merchandise from a specified country after the required proceedings.
- Producer
- The legal entity that manufactures the merchandise, which may differ from the seller or exporter.
- Exporter
- The legal entity exporting the merchandise, whose identity can affect the applicable instruction.
- All-others rate
- A rate applied under the relevant proceeding to covered entries that do not receive another applicable company-specific treatment.
- HTS
- The U.S. tariff classification system. In an AD/CVD order it can help identify possible merchandise but does not control scope.
FAQ
Can we clear AD/CVD risk by checking the HTS code?
If our HTS code is not listed in the order, are we outside scope?
Does a CBP classification ruling decide AD/CVD scope?
Can the same product have different AD/CVD treatment from different suppliers?
Is the cash-deposit rate the final duty cost?
Can a clear exclusion in the order be used immediately?
What should we do when the written scope is ambiguous?
What facts must a foreign manufacturer provide?
When must the screen be repeated?
Primary sources
This guide prioritizes first-party U.S. government, standards-body, and rule-publisher sources. Recheck live sources before acting on a current shipment or contract.
- [1]U.S. Department of Commerce. U.S. Antidumping and Countervailing Duties Home Page
- [2]U.S. Department of Commerce. Antidumping and Countervailing Duty Frequently Asked Questions
- [3]U.S. Department of Commerce. Scope Ruling Application Guide
- [4]U.S. International Trade Commission. Harmonized Tariff Schedule of the United States
- [5]U.S. Customs and Border Protection. Binding Ruling Program
- [6]U.S. House Office of the Law Revision Counsel. 19 U.S.C. 1484, Entry of merchandise
This guide provides general business information, not legal, customs, tax, product-certification, or compliance advice. The U.S. importer, licensed broker, counsel, and relevant specialists should review the facts of a specific product and transaction.