United States – Thailand

Antidumping Seminar

March 18 – 20, 2008

Unofficial Document – For Presentation Purposes Only

Unofficial Document - for Presentation Purposes Only

Organizational Overview

Unofficial Document - for Presentation Purposes Only

Unofficial Document - for Presentation Purposes Only

Import Administration

1) Program Analysis & Administration2) Information Technology

3) Administrative Protective Orders4) Central Records Unit

Robert GoodyearDirector, Operations Support

Foreign Trade Zones

Faye RobinsonDirector, Statutory Import Programs

Mike RillDirector, Antidumping Policy

Kelly ParkhillDirector, Import Monitoring &

Industry Support

Carole ShowersDirector, SubsidiesEnforcement Office

Steven PresingDirector, Antidumping Rules

Michael RollinDirector, Trade Remedy

Compliance

Jonathan LyonsAttache, WTO Geneva

Sally Gannon & Judy RudmanDirectors,Bilateral

Agreements

Ronald LorentzenDirector

AD/CVD Policy and Negotiation

Neal HalperDirector, Office of Accounting

Joseph SpetriniDeputy Assistant Secretary

for AD/CVD Policy and Negotiation

Office 1Susan Kuhbach

Director

Office 2Jim Maeder

Director

Office 3Melissa Skinner

Director

Office 5Laurie Parkhill

Director

Office 6Barbara Tillman

Director

Office 7Richard Weible

Director

Gary TavermanSenior Operations Coordinator

for AD/CVD Enforcement

Office 4Abdelali Elouradia

Director

Office 8Wendy Frankel

Director

Office 9James Doyle

Director

Edward YangSenior Director

for China/NME Enforcement

Stephen ClaeysDeputy Assistant Secretary

for AD/CVD Operations

Office of Textiles and ApparelOTEXA

Matthew PriestDeputy Assistant Secretary

for Textiles and Apparel

David SpoonerAssistant Secretary

for Import Administration

J o h n M c I n e r n e yC h i e f C o u n s e l

f o r I m p o r t A d m i n i s t r a t i o n

Unofficial Document - for Presentation Purposes Only

Import Administration

Assistant Secretary for Import Administration

• Leads Import Administration.

• Is the legally designated authority for all antidumping and countervailing duty proceedings conducted by the Department of Commerce.

• Directs Import Administration’s participation in bilateral and multilateral initiatives and negotiations concerning unfair trade practices and trade remedies.

Unofficial Document - for Presentation Purposes Only

Import Administration

Deputy Assistant Secretary for AD/CVD Operations

• The DAS for AD/CVD Operations recommends to the Assistant Secretary for Import Administration the course of action to take in all AD/CVD proceedings.

• All U.S. AD/CVD investigations are administered by the DAS for AD/CVD Operations.

• All U.S. AD/CVD reviews (including administrative, sunset, new shipper, and changed circumstance reviews) are administered by the DAS for AD/CVD Operations.

Unofficial Document - for Presentation Purposes Only

Import Administration

Deputy Assistant Secretary for AD/CVD Operations

• Anti-circumvention inquiries and scope determinations also fall under the purview of the DAS for AD/CVD Operations.

• The staff of the DAS for Operations analyzes information provided by foreign producers and exporters (and governments in CVD cases) in all AD/CVD proceedings and determines the level of dumping or subsidization.

• The Import Administration Customs Unit reports to the DAS for AD/CVD Operations. This unit, working with CBP, takes action on allegations of fraudulent activity pertaining to AD/CVD duty collection.

Unofficial Document - for Presentation Purposes Only

Import Administration

Deputy Assistant Secretary for Policy and Negotiations

• Works with the Deputy Assistant Secretary for AD/CVD Operations to analyze and resolve cross-cutting methodological AD/CVD issues.

• Screens petitions for AD/CVD investigations from U.S. industries.• Negotiates and administers suspension agreements (price

undertakings).• Provides professional accounting expertise to support AD/CVD

Operations.

Unofficial Document - for Presentation Purposes Only

Import Administration

Deputy Assistant Secretary for Policy and Negotiations

• Oversees a wide-range of additional activities related to trade remedy issues, but not directly connected with U.S. AD/CVD measures:

– Participates in bilateral and multilateral negotiations: WTO Rules, free trade agreements, sector-specific agreements (e.g. steel, aircraft), etc.

– Supports U.S. claims in WTO dispute settlement proceedings.– Monitors foreign subsidy programs and advocates subsidy issues on behalf

of the U.S. government in bilateral and multilateral fora.– Monitors other countries’ trade remedy practices for compliance with WTO

obligations.– Advocates on behalf of U.S. industries involved in foreign trade remedy

actions.– Monitors steel imports through Steel Import Monitoring & Analysis System

(SIMA).

Unofficial Document - for Presentation Purposes Only

Import Administration

Deputy Assistant Secretary for Textiles

• Oversees programs and strategies to improve the domestic and international competitiveness of the U.S. textiles , apparel and footwear industries.

• Serves as Chairman of the Committee for the Implementation of Textile Agreements (CITA), which determines when market disrupting factors exist in the domestic fiber, textiles and apparel marketplace.

• Administers U.S. textile quota agreements, formulates trade policy, performs research and analysis, compiles industry data, and promotes U.S. trade events for a whole spectrum of textile and apparel goods.

Unofficial Document - for Presentation Purposes Only

Import Administration

Chief Counsel for Import Administration

• Within USDOC, Import Administration has its own Chief Counsel who reports to USDOC’s General Counsel.

• IA’s Chief Counsel serves as the principal legal adviser to the Assistant Secretary, primarily on issues concerning the administration of the AD and CVD laws.

• The Chief Counsel’s services fall into three general categories:– Providing legal advice for administrative proceedings – Providing the legal defense for USDOC decisions before U.S.

courts and in WTO proceedings– Providing legal advice in trade agreement negotiation and

implementation

Unofficial Document - for Presentation Purposes Only

Staffing a Proceeding

Each multi-discipline team consists of:

• Compliance Analyst(s) from AD/CVD Operations

• Attorney/Advisor from the Office of Chief Counsel for Import Administration

• Policy Analyst from the Office of Policy

• Staff Accountant from the Office of Accounting (as appropriate)

Unofficial Document - for Presentation Purposes Only

Staffing a Proceeding

The analysts from AD/CVD Operations carry these responsibilities:

• Analyze data from the petitioning U.S. industry and the respondents.• Prepare analysis and decision documents.• Conduct verifications of respondent information.• Calculate the antidumping duty margins or subsidy rates.• Review analysis and decisions for consistency with U.S. laws,

regulations, past precedents, and current policies.

• Consult and coordinate with the other team members for their review and concurrence.

• Contact and coordinate with interested parties.• Generally manage the case to ensure IA meets all deadlines.

Unofficial Document - for Presentation Purposes Only

Staffing a Proceeding

The attorney/advisor provides legal guidance and advice to the team

• Ensures that case actions and decisions are consistent with U.S. law, regulations, past precedents, and court decisions.

• Assists the analysts in drafting decisions to reflect the legal basis and consistency of the analysis and decisions.

• Assists the analysts in identifying and interpreting issues resolved in previous cases for consistency in decision-making.

Unofficial Document - for Presentation Purposes Only

Staffing a Proceeding

The policy analyst provides policy guidance and advice to the team

• Ensures that case actions and decisions are consistent with current Department policies and practices.

• Assists the analysts in making decisions that reflect the Department’s practice and policy for the issue at hand.