Antidumping (AD) and countervailing (CVD) duties are extra duties imposed on specific products from specific countries when Commerce finds they were sold below fair value or subsidized, and the ITC finds U.S. industry was injured. They are assessed on top of normal tariffs, they can reach triple-digit percentages, and they are the single largest source of unexpected duty bills for Florida importers.
How AD/CVD differs from ordinary tariffs
A normal duty rate is fixed by classification — look up the HTS code, apply the rate. AD/CVD is different in three ways that catch importers off guard.
It is scope-based, not classification-based
An AD/CVD order covers a written scope description, not an HTS number. Your product can fall inside the scope even if its HTS code is not listed in the order, and it can fall outside the scope while sharing an HTS code with covered goods. The scope language governs.
Rates are company-specific
Each order assigns rates by producer and exporter. Buying the identical product from a different factory in the same country can change the rate from a few percent to well over 100%. The “all others” rate applies when your supplier has no individual rate.
Duties are deposits, not final
What you pay at entry is a cash deposit. Commerce conducts administrative reviews, often years later, and sets the final rate. If the final rate is higher, you owe the difference with interest — long after you sold the goods.
The retroactive liability problem
This is what makes AD/CVD genuinely dangerous. An entry can stay unliquidated for three or more years while a review runs. Importers who priced their product on a 5% deposit have received bills at 60% after liquidation. Your customs bond secures that exposure, and sureties know it — which is why they demand much larger bonds, sometimes with collateral, for importers of AD/CVD merchandise. Our guide to single entry vs. continuous bonds explains how those limits are calculated.
Evasion enforcement is aggressive
Transshipping covered goods through a third country to disguise origin is a felony, and CBP’s EAPA process under the Enforce and Protect Act lets domestic producers file allegations that trigger investigations. Interim measures can begin before the case concludes, including live entry requirements and suspension of liquidation.
Importers are held to a reasonable care standard even when they were deceived. If a supplier in a third country offers a price that only works if the goods are not actually from that country, treat it as a red flag. Determining true origin correctly is the defense — see our guide to country of origin rules.
Due diligence before you buy
Check whether your product is covered before placing an order. Commerce maintains the list of orders, and CBP’s AD/CVD search tool lets you look up case numbers and company-specific rates. If coverage is genuinely ambiguous, request a scope ruling from Commerce — it is the only authoritative answer, and it protects you if CBP later disagrees with your broker.
Document the supply chain: mill certificates, production records, and proof of where each input came from. If an EAPA allegation lands, that file is what answers it. Our guides to HS code mistakes and Section 232 steel and aluminum cover the adjacent tariff programs that often apply to the same goods.
Commodities that see the most Miami exposure
Steel and aluminum products, ceramic tile, quartz surface products, wooden cabinets, solar cells, chemicals, and fasteners all carry active orders. These are ordinary building and manufacturing inputs, which is why importers who have never thought about trade remedies end up inside them. If you are importing construction materials through PortMiami, check before the container ships, not after — and consider bonded storage to defer the cash outlay while classification is resolved.
Frequently asked questions
How do I know if my product is subject to antidumping duties?
Check the scope language of active Commerce orders and CBP’s AD/CVD case list for your product and country of origin. Coverage is determined by the written scope description, not by the HTS code alone. If it is ambiguous, request a scope ruling from Commerce.
Can antidumping duties be charged after my goods are already sold?
Yes. What you pay at entry is a cash deposit, not a final duty. Commerce sets the final rate in an administrative review that can conclude years later, and if the final rate is higher you owe the difference plus interest.
Are antidumping duties eligible for drawback?
No. Antidumping and countervailing duties are not eligible for duty drawback, so exporting the goods afterward does not recover them.
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