KFTA Requirements for AD/CV Investigations

The International Trade Administration has issued a notice highlighting the antidumping and countervailing (AD/CV) duty-related provision of the U.S.-Korea Free Trade Agreement (KFTA), which took effect on March 15, 2012. Article 10.7 of the KFTA, which covers AD/CV duties, requires, among other things: (1) notification to the other party after receipt of a petition; and (2) the opportunity for the other party to take action on price and/or quantity of subject merchandise, after both initiation and the preliminary determination, in order to reach a settlement. This provision is not subject to dispute settlement, and only the notification requirements are binding.

(See ITT’s Online Archives 12030929 for summary of the KFTA Proclamation, which took effect on March 15, 2012. See 12011010 for information on obtaining product duty rates under the KFTA and the final text of the agreement.)