TRADE REMEDIES | 2026-09-30
New Shipper Reviews: How a New Exporter Gets Its Own Antidumping Rate
A company that did not ship during the original investigation is not automatically stuck with the country-wide antidumping rate. A new shipper review can win it an individual, often much lower, duty rate.
When the Commerce Department imposes an <strong>antidumping</strong> or <strong>countervailing duty</strong> order, exporters that were not individually examined often receive a high <strong>“all-others”</strong> or country-wide rate. But what about a company that did not even exist — or did not shi
A new shipper review offers a genuinely new exporter a path to its own antidumping or countervailing duty rate.
The Problem: The Country-Wide Rate
In an antidumping or countervailing duty proceeding, the Commerce Department individually examines certain exporters and assigns them company-specific rates; others receive an all-others rate, and in non-market-economy cases, exporters that do not establish independence may be swept into a high country-wide rate. A company that did not export the subject merchandise during the original period of investigation had no opportunity to obtain its own rate — and may face a punishing country-wide rate it never had a chance to rebut.
The Solution: A New Shipper Review
The new shipper review (authorized under the antidumping/countervailing duty statute and Commerce’s regulations) allows a new exporter or producer to request an expedited review to establish its own individual rate. The mechanism recognizes that a company that genuinely was not shipping during the original investigation deserves an opportunity to demonstrate its actual pricing and obtain a rate reflecting its own behavior rather than the conduct of others.
Who Qualifies as a New Shipper
To be eligible, an exporter or producer generally must show that:
- it did not export the subject merchandise to the United States during the original period of investigation; and
- it is not affiliated with any exporter or producer that did export during that period (to prevent circumvention of the order through a related entity).
These requirements ensure the review is available only to genuinely new market participants, not to existing exporters attempting to obtain a fresh, lower rate through a related shell.
The Bona Fide Sale Requirement
A critical and heavily scrutinized element is whether the new shipper made a bona fide sale to the United States. Commerce examines the totality of the circumstances surrounding the sale to ensure it is commercially reasonable and representative — not an artificial transaction engineered solely to obtain a favorable rate. Factors can include the price, the quantity, the timing, whether the merchandise was resold at a profit, the customer relationship, and other indicia of a genuine commercial transaction. A sale found not to be bona fide will not support a new shipper review.
The Process and Bonding
A new shipper review proceeds on an expedited basis relative to an ordinary administrative review. Historically, importers could post a bond or security in lieu of a cash deposit for entries during the pendency of the review, though the availability of bonding has been affected by statutory changes over time; current practice on cash deposits versus bonding should be confirmed for any given case. At the conclusion of the review, Commerce assigns the new shipper an individual rate, which then governs its entries.
Why It Matters for California Importers
For a California importer, a supplier’s ability to obtain a favorable new shipper rate can make a subject-to-order product sourcing arrangement economically feasible. But because the bona fide sale analysis is exacting and the eligibility requirements are strict, the first sale and the supporting documentation must be handled carefully. A poorly structured or documented transaction can doom the review — and leave the importer exposed to the country-wide rate.
Frequently Asked Questions
What is a new shipper review?
An expedited review that lets an exporter or producer that did not ship during the original investigation obtain its own individual antidumping or countervailing duty rate.
Who qualifies?
Generally an exporter/producer that did not export the subject merchandise during the original period of investigation and is not affiliated with one that did.
What is the bona fide sale requirement?
The new shipper must show a genuine, commercially reasonable sale to the U.S. — Commerce scrutinizes price, quantity, timing, profitability, and other factors.
Why is affiliation a problem?
Because allowing an affiliate of an existing exporter to get a fresh rate would let companies circumvent the duty order.
What rate results?
An individual rate specific to the new shipper, which is often lower than the all-others or country-wide rate.
Why does it matter to importers?
A favorable new shipper rate can make sourcing from a new supplier subject to a duty order economically viable.
Related Customs & Trade Guides
- CBP redelivery and marking notices
- Country-of-origin marking
- Los Angeles customs & international trade attorney
Talk to a Customs Attorney About a New Shipper Review
If you are sourcing from a new supplier subject to an antidumping or countervailing duty order, a new shipper review may secure a lower rate. Trembach Law Firm advises California importers. Call (818) 514-7680.
Contact Trembach Law Firm at (818) 514-7680 for a confidential consultation.
Trembach Law Firm | 27001 Agoura Road, Suite 350, Calabasas, CA 91301