In ad and cvd investigations the ita is responsible

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(DOC) and of the United States International Trade Commission (USITC). In AD and CVD investigations, the ITA is responsible for the determination of the existence and margin of dumping and subsidy. The USITC is responsible for the determination of material injury to the domestic industry as a result of the imports of the dumped or subsidized products. 2. The DOC generally initiates AD and CVD investigations at the request of petitioners, based on written applications; it has the authority to self-initiate investigations but seldom does. Petitions must be filed simultaneously with the ITA and the USITC. Once the ITA determines that the petition contains sufficient information supporting the allegations, an investigation is formally initiated. The USITC subsequently makes a preliminary injury determination: if negative, the investigation is terminated, if affirmative, the ITA issues a preliminary determination of dumping or subsidization. Whether the ITA's preliminary determination is affirmative or negative, the investigation continues. If this determination is affirmative, provisional measures may be applied for four months in CVD cases or up to six months in AD cases. Provisional measures are in the form of a cash deposit or bond in an amount equivalent to the estimated margin of dumping or subsidization. If the ITA's final determination finds a margin of dumping or a subsidy rate above the de minimis , then the USITC issues a final injury determination: if affirmative, the ITA issues an order imposing AD or CVD duties, if negative, the investigation is terminated, no order is issued, provisional measures are terminated and bond and cash deposits are returned. 3. The main U.S. AD and CVD laws are contained primarily in Title VII of the Tariff Act of 1930, as amended by the Trade Agreements Act of 1979. The Trade and Tariff Act of 1984, the Omnibus Trade and Competitiveness Act of 1988, and the Uruguay Agreements Act of 1994 (URAA) introduced further modifications to AD and CVD legislation. The Unfair Competition Act, better known as the Anti-Dumping Act of 1916, also contains provisions pertaining to international price discrimination remedies. 4. More recently, the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA), also known as the Byrd Amendment, introduced a system under which AD and CV duties assessed are distributed to members of the affected U.S. industry who supported the petition for investigation. 33 Under the CDSOA, "affected domestic producers" may receive a portion of the assessed AD or CVD 32 WTO document WT/DS/250/2, 19 August 2002. 33 Formally, Title X of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2001 (Public Law No: 106-387). The full text of the Act is available online at: http://thomas.loc.gov/cgi-bin/query/C?c106:./temp/~c106SarzKu.
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United States WT/TPR/S/126 Page 48 duties to cover certain qualifying expenditures. The CDSOA defines "affected domestic producer" as any manufacturer, producer, farmer, rancher, or worker representative who was a petitioner or
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