Understanding Third Country AD/CVD Case Numbers
What is a Third Country AD/CVD Case Number?
It is a special tracking code created by the Department of Commerce. It allows importers to correctly report goods that are subject to an original country's duty order, even though the physical shipment is arriving from and classified under a different country.
Why would a product fall under a Third Country Case Number?
This happens when raw materials or goods produced in a country subject to an AD/CVD order are sent to a third country for additional processing before being exported to the U.S. Even though the product was processed in an intermediate country, U.S. trade laws often rule that the finished product remains subject to the original country’s trade duties.
How does this create a conflict for customs filing?
When importers submit entry summary information to U.S. Customs and Border Protection (CBP), the country code on the AD/CVD case number must match the CBP country of origin. This creates a mismatch because the duty belongs to the original country where materials came from, but the customs origin belongs to the third country where processing occurred. The Third Country Case Number bridges this gap so importers can pay the required duty while keeping their country of origin declarations accurate.
What is an example of how this works?
Imagine solar panels produced using parts from China that undergo final processing in Lithuania before being shipped to the U.S. The product is still covered under the U.S. Antidumping Order on solar cells from China. However, for standard customs classification, the country of origin is Lithuania. To fix this, Commerce creates a Third Country Case Number that links the Chinese solar cell duty order to Lithuania, allowing the importer to pay the Chinese trade duty while listing Lithuania as the country of origin.
How do importers identify these case numbers in the ACE system?
The Case Name and Short Description in the system match the original trade duty order, and an explicit reference to the original country is added to the end of the description so importers can easily identify the parent order.
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