Project 2025 Tracker / What’s done, what’s next

21. Department of Commerce · Notable

Reverse the practice of favoring foreign companies in AD/CVD proceedings

Attempted

668 21. Department of Commerce

“Reverse the practice of giving the benefit of the doubt to foreign companies versus U.S. companies in AD/CVD proceedings.”

What has happened

  1. Attempted

    Commerce proposed a rule determining and applying unaffiliated reseller assessment rates and modifying or removing countervailing duty expedited reviews — both changes that reduce the relief available to foreign respondents. Two methodology proposals are a direction of travel, not a reversal of the practice the Quote names: neither had been finalized by 2026-08-31, and nothing states a Department policy on the benefit of the doubt as between foreign and U.S. companies.

  2. Attempted

    Enforcement and Compliance asked for public comment on alternatives to the Cohen's d test it uses to find targeted dumping — reopening a methodology the Federal Circuit had criticized, in a direction that makes affirmative dumping findings easier rather than harder.

Research log

What was searched, and what didn’t count as evidence

Research notes

The Quote asks for a reversal of a practice, which has no single instrument. What the record shows is two live E&C rulemakings, both moving against foreign respondents: the Cohen’s d request for comment (2025-05-19) and the unaffiliated-reseller / expedited-review proposed rule (2025-06-04, RIN 0625-AB27, still at Proposed Rule Stage on reginfo.gov as of the 2026 Unified Agenda). attempted under §3 — directives without effect yet.

Cluster negative search E&C-1 (chapter log): Federal Register full text since 2025-01-20 for "self-initiation" (1 hit, a 2025-03-31 correction notice), "surrogate country" (73 hits, all individual AD/CVD case notices), "non-market economy" methodology (131, same), "Top Markets" (0); plus a jq pass over every in-window Federal Register record whose agency is the International Trade Administration, with the individual AD/CVD case notices filtered out.

Action
other
Object
AD/CVD proceeding practice favoring foreign companies
ID
1830