Significant Changes Proposed to US Department of Commerce’s Methodology On Market-Economy Purchases in NME Cases
5 July 2012
Mayer Brown Legal Update
The US Department of Commerce has published a notice in the Federal Register proposing to dramatically modify its regulation on the treatment of market-economy purchases in antidumping proceedings involving non-market economy countries. The proposed rule would require that the market-economy purchase price be used only if substantially all of the total volume of the factor is purchased from the market economy supplier(s). “Substantially all” would be defined as 85 percent or more of the total purchase volume of the factor being valued for the determination of the antidumping margin.