Anti-Dumping Duties Explained: What US Importers Need to Know in 2026

Anti-dumping (AD) duties are additional tariffs imposed by the United States on imported goods that are sold at less than their fair market value — a practice known as dumping. These duties can add anywhere from 2% to over 500% on top of normal tariff rates, dramatically increasing the landed cost of affected products. As of 2026, there are over 400 active anti-dumping duty orders covering products from more than 40 countries. If you import into the US, understanding AD duties is critical to avoiding unexpected costs and compliance violations.

What Is Dumping?

Dumping occurs when a foreign manufacturer or exporter sells a product in the US at a price lower than its normal value — typically the price charged in the exporter's home market or the cost of production plus a reasonable profit margin. For example, if a Chinese steel manufacturer sells hot-rolled steel in China for $600 per metric ton but exports the same product to the US for $400 per metric ton, the $200 difference is the dumping margin. The US government imposes anti-dumping duties to offset this price difference and protect domestic industries from unfair competition.

How Anti-Dumping Duty Cases Work

An AD investigation involves two federal agencies. The US Department of Commerce (DOC) determines whether dumping is occurring and calculates the dumping margin. The International Trade Commission (ITC) determines whether the domestic industry is materially injured or threatened with material injury by the dumped imports. Both findings must be affirmative for an AD order to be issued.

1. Petition: A domestic industry (or the DOC itself) files a petition alleging dumping. The petition must include evidence of below-fair-value pricing and injury.
2. Investigation: The DOC investigates export prices and normal values. The ITC evaluates injury to the domestic industry through market data, financial analysis, and public hearings.
3. Preliminary determination: The DOC issues a preliminary dumping margin, and CBP begins collecting estimated duties as cash deposits.
4. Final determination: Both agencies issue final rulings. If both are affirmative, a permanent AD duty order is published in the Federal Register.
5. Annual reviews: The DOC conducts annual administrative reviews to recalculate dumping margins for individual exporters. Rates can change significantly between reviews.

How AD Duty Rates Are Calculated

The dumping margin is the difference between the normal value and the export price, expressed as a percentage of the export price. For example, if the normal value is $100 and the export price is $80, the dumping margin is 25% ($20/$80). Each foreign producer or exporter may receive an individual rate based on their specific pricing data. Companies that don't cooperate with the investigation receive an 'adverse facts available' (AFA) rate, which is typically the highest rate calculated — often exceeding 100%.

Compliance Requirements for Importers

If you import products subject to an AD order, you must: (1) determine whether your product falls within the scope of the order by checking the product description in the Federal Register notice, (2) identify the foreign manufacturer or exporter to determine the applicable duty rate, (3) declare the AD duty on your customs entry and pay cash deposits at the current rate, and (4) respond to CBP inquiries and annual review questionnaires. Failure to declare AD duties can result in penalties, liquidated damages, and potential fraud charges under 19 USC 1592.

How to Check for AD Duty Orders

• AD/CVD Search Tool: The ITC maintains a searchable database at orders.usitc.gov with all active AD and CVD orders. Search by product, HTS code, or country.
• Federal Register: All AD notices are published in the Federal Register. The DOC issues scope rulings to clarify whether specific products are covered.
• CBP ACE Portal: Importers can check the AD/CVD module in the Automated Commercial Environment for current deposit rates by case number.
• Customs broker: A licensed broker should flag potential AD/CVD exposure during entry preparation. If you're unsure, request a scope ruling from the DOC.

Strategies to Manage AD Duty Exposure

• Source from non-subject countries: If Vietnamese steel has AD duties but Malaysian steel doesn't, consider shifting suppliers (verify no circumvention concerns).
• Request individual review: If your exporter has lower prices than the country-wide rate, petition the DOC for an individual rate in the annual review.
• Monitor scope rulings: Product modifications may place your goods outside the scope of an AD order. Confirm with a scope ruling before relying on this.
• Duty drawback: If you re-export the imported goods, you may recover AD duties through the drawback program under 19 USC 1313.

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