||March 01, 2001
Honorable Philip M. Crane
Dear Chairman Crane:
As Chairman of the Consuming Industries Trade Action Coalition ("CITAC"), I hereby request that you ask the Congressional Research Service to conduct a study of the following questions:
- The operation of antidumping and countervailing duty ("AD/CVD") laws in other countries (especially the European Union, Canada, Mexico and Australia) regarding (a) whether imposition of AD/CVD duties is consistent with the public interest in a particular case; 1/ (b) the application of the "lesser duty rule" called for in the WTO agreements on dumping and subsidies; 2/ and (c) the elimination or suspension of AD/CVD duties in cases where material needed by domestic consuming industries is not available ("short supply"). 3/
- The operation of the system of assessment and collection of AD/CVD duties in Canada, the European Union, Australia and Mexico. Those countries do not have the "retrospective" system that exists under U.S. law.
- Analyze the number of antidumping and countervailing duty cases filed against U.S. exporters by other countries, and the products involved.
This research would give the Congress a clear and objective basis for evaluating the U.S. AD/CVD laws against alternative systems that function in other countries. In each case, we believe that consuming industries' concerns are more clearly addressed in those other countries.
Thank you for your consideration of this matter.
Very truly yours,
Jon E. Jenson
1/ See, e.g., EC Council Regulation No. 384/96, Article 21; Canadian Special Import Measures Act, Chapter S-15, Article 45.
2/ See, e.g., EC Council Regulation No. 384/96, Articles 7.2, 8.1, & 9.4.
3/ See, e.g., EC Council Regulation No. 384/96, Article 14.4.