Simplification of antidumping actions: Efficiency at what price?

The large number of antidumping cases now pending before the US Department of Commerce and the increasing costs of handling these cases have led the department to consider various forms of simplifying its procedures and processes. Various procedures, such as averaging and sampling, are authorized by statute and have already been the subject of judicial scrutiny. Others, such as reducing the length of verifications or eliminating deficiency letters, are not the subject of express statutory or regulatory provisions but may have even greater substantive effects on the rights of the parties. The procedures now being applied in investigations and reviews will come before the courts shortly. Whether these methods cut costs will not be known until the time and expense consumed by any remands are assessed. The techniques ought to be judged according to their effects on the completeness of the record, the efficacy of the verification process, and the ability of the parties to participate and to meet the claims of opposing parties.