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PRODUCTS FINISHING — pfonline.com 45 LEGAL & POLICY C L I N I C within 45 days of filing the petition. DOC calculates preliminary dumping margins within 160 days of the filing. If dumping is found, potential liability for dumping duties attaches at the point. DOC's final determination is made within another 75 days, or 235 days after filing. (There are provisions for extensions of up to 110 days in certain circumstances). The ITC then reexamines material injury and makes its final determination within an addi- tional 45 days, or 280 days after filing. If there are dumped sales and material injury, a dumping order is put into effect. Importers of dumped merchandise must pay a duty equal to the margin of dumping. Because this margin is subject to change based on annual review investigations, and depends on such factors as foreign market costs and prices, importers face great uncertainty when buying products subject to a dumping order, as they do not know what the final duty bill will be, and won't know until months or even years after importation. This has an obvious chilling effect on importers' willingness to continue buying the merchan- dise from abroad. An antidumping case differs from routine litigation. • There is a result within a fixed time period. • The effect on the market is rapid, usually within 160 days after filing. • The respondents are not permitted to take legal discovery of the petitioner (through written interrogatories, oral depositions, or requests to produce documents); respondents, however, must answer a detailed questionnaire, and their answers are subject to an on-site audit type proce- dure (verification) by DOC investigators. • Once a case is initiated, it becomes a U.S. government investigation; much of the burden and cost of the case is carried by the government staff, not the petitioner. • A dumping order, once entered, and the risk of higher duties for importers, continues in effect usually for a minimum of five years, and in most cases for ten years or longer. Respondents are required to answer a comprehensive questionnaire every year. • When high dumping duties are imposed, foreign producers often abandon the U.S. market. The Countervailing Duty Law is a similar procedure that provides relief from imports of goods whose producers benefit from subsidies in their home countries or upon export. U.S. law now enables the filing of antidumping and countervailing duty petitions simultaneously, and that has become routine, especially against imports from China because Chinese goods often benefit from a vast array of subsidies. This is an extremely complicated area and you should contact us or other legal counsel experienced in this area if you are considering pursuing this activity. Sheldon Klein is contributor for this article and a shareholder in Butzel Long's Bloomfield Hills, Michigan, office where he concentrates his practice in the areas of antitrust counseling and litigation and other forms of complex commercial litiga- tion, including class action litigation. Milton B. Whitfield also contributed to this article. Whitfield is a shareholder in Butzel Long's Washington, DC office where he specializes in representing companies in complex corporate and technology transactions. Paxton Air Knives remove excess water prior to oven-drying to lower temperature, energy usage, and operational cost Paxton's Ionized Air System eliminates the static causing dirt and contaminants to adhere to parts, then blasts it away leaving a clean surface for fnishing 800.441.7475 PAXTONPRODUCTS.COM