International Trade Administration December 16, 2010 – Federal Register Recent Federal Regulation Documents

In antidumping proceedings involving non-market economy (``NME'') countries,\1\ the Department of Commerce (``the Department'') has a rebuttable presumption that the export activities of all companies within the country are subject to government control and, thus, should be assessed a single antidumping duty rate (i.e., the NME- Entity rate). It is the Department's policy to assign to all exporters of merchandise subject to investigation in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a ``separate rate'' (i.e., a dumping margin separate from the margin assigned to the NME-Entity). Exporters can demonstrate this independence through the absence of both de jure and de facto governmental control over their export activities.