TL;DR
- AD/CVD orders carry multiple rates, not one. The cash deposit cascade in 19 CFR 351.107 picks one based on what is on the entry: producer / exporter combination rate, exporter-specific rate, producer-specific rate, all-others rate (market economy), or country-wide rate (non-market economy).
- You need the manufacturer name AND the exporter name on the commercial invoice and the entry summary. "Sold by [trader] in Hong Kong, made by [unknown factory]" is a recipe for the country-wide rate, which in NME cases is routinely 100%+ ad valorem.
- Rates change every administrative review under 19 CFR 351.221. The deposit at entry is provisional. The assessment rate, set by the next review covering your period, is what CBP actually liquidates at, plus or minus interest.
- The Tandom AD/CVD catalog at compliance.tandom.ai/adcvd-catalog/manufacturers tracks 1,500+ company-specific rates from administrative reviews and lets you search by manufacturer name across every active case. Each rate links to the FR Doc that produced it.
The five rate types in an AD/CVD order
Every active AD or CVD order has a rate table. Reading it quickly is the difference between a clean entry and a default to a punitive rate. There are five rate types in play.
- Producer / exporter combination rate. A rate assigned to a specific producer / exporter pair. The entry must name both, and both must match the combination on file. Authorized by 19 CFR 351.107(b).
- Exporter-specific rate. A rate assigned to a specific exporter. The entry needs that exporter named on the invoice. Producer can vary unless the order specifically scopes the rate to a combination.
- Producer-specific rate. Rare. A few orders assign rates to producers regardless of the exporter routing the merchandise. Most orders use combination rates instead.
- All-others rate. The default rate in market-economy cases (Korea, Taiwan, Japan, Italy, Germany) for cooperative respondents that Commerce did not individually examine. Commerce calculates it as a weighted average of the rates of mandatory respondents, excluding zero, de minimis, and adverse-facts-available rates. The statutory basis is 19 USC 1673d(c)(5).
- Country-wide rate. The default rate in non-market-economy cases (China, Vietnam, Belarus) for any exporter that has not established a separate rate for the current segment. Often called the PRC-wide, Vietnam-wide, or NME-wide rate. Routinely 100%+ ad valorem.
A subset of cases also carries an adverse facts available (AFA) rate assigned to specific respondents that failed to cooperate during a review. AFA rates are typically the highest rate from any segment of the proceeding, sometimes the original petition rate. Once an exporter gets AFA, it generally stays at that rate until it cooperates in a future review. The statute is 19 USC 1677e.
The cash deposit cascade
Given an entry, CBP picks the deposit rate by walking down a hierarchy. The order is unforgiving: the first rate that matches the entry's facts wins, and there is no fallback if a combination rate is named but the entry does not match both sides of the combination.
- Combination rate match. If the order or the latest review names a producer / exporter combination AND the entry's invoice and entry summary list the same producer and the same exporter, that combination rate applies.
- Exporter-specific rate. If the exporter on the entry has its own rate (and the order does not require a combination), that rate applies.
- Producer-specific rate. If neither of the above applies and the producer has its own rate, that rate applies.
- Separate rate (NME cases). In China, Vietnam, and other NME cases, if the exporter has established separate-rate eligibility for the current segment, the separate rate applies.
- All-others / country-wide. Otherwise, all-others (market economy) or country-wide (NME) applies. In NME cases this is routinely punitive.
Two practical consequences fall out of this. First, getting the producer or exporter name wrong on the entry sends the rate down the cascade, sometimes by 100+ percentage points. Second, a "lower rate" calculated for one company in a review does NOT flow to other importers using a different exporter. Each exporter's rate stands alone.
Separate rates in non-market-economy cases
Commerce treats China, Vietnam, and other NME jurisdictions differently because of the rebuttable presumption that all firms operate under government control. The default outcome is one country-wide rate that applies to every Chinese (or Vietnamese) exporter unless the exporter affirmatively shows independence from state control.
The separate-rate test has two parts. An exporter must show absence of de jure government control (export license rules, government quotas, government-set pricing) AND absence of de facto control (selection of management, retention of foreign exchange earnings, autonomy over export contracts). Commerce's analytic framework comes from Sigma Corp. v. United States and is now codified in its policy.
The two filings:
- Separate Rate Application (SRA). New exporters that have never had a separate rate file an SRA, typically within 30 days of the FR notice initiating the review segment. The application carries detailed evidence on the de jure / de facto factors above.
- Separate Rate Certification (SRC). Exporters with a separate rate from a prior segment file an SRC each year, typically within 14 days of initiation, to certify that the de jure / de facto factors have not changed.
Miss the deadline and the exporter loses separate-rate eligibility for the period. The deposit rate snaps to the country-wide rate. Calendar these windows annually for every NME case touching your supply chain. The deadlines are tied to each segment's initiation FR notice, not to a fixed calendar date.
Producer / exporter combination rates
Combination rates are how Commerce prevents arbitrage. Without them, a Chinese mill with a 200% rate could route through a Hong Kong trader with a 5% rate and capture the lower number. The combination locks the rate to the actual production / sale chain.
The mechanics live at 19 CFR 351.107(b). When Commerce assigns a combination rate, the rate applies only to entries where:
- The producer named on the entry is the producer in the combination on file with Commerce, and
- The exporter named on the entry is the exporter in the combination on file with Commerce.
Either side can disqualify the rate. A different producer drops the rate to all-others or country-wide; a different exporter does the same. CBP cross-checks the names on the entry summary against the combination listed in the operative CSMS message, so the names have to match exactly.
Operationally, this means the broker needs:
- The exact legal name of the producer (the factory, the entity that physically made the product) on the commercial invoice and entry summary, with the spelling that matches Commerce's filings.
- The exact legal name of the exporter (the seller of record on the export contract) on the commercial invoice and entry summary.
- The MID built from the producer's actual address, not the exporter's or a freight forwarder's, per CBP's MID construction rules.
The most common failure mode is a Hong Kong / Singapore / Vietnam-based trader as the named exporter routing merchandise made by a different factory than the one on the rate combination. Commerce did not extend the combination rate to that pair, so the entry falls back. Brokers serving high-volume importers should set up entry-summary review checks specifically for AD/CVD producer / exporter name matches.
How rates change at administrative review
Each year, on the anniversary of an order's effective date, Commerce publishes an "Opportunity to Request Administrative Review" notice. Interested parties (importers, exporters, domestic petitioners) can request a review of specific exporters during a roughly 30-day window. The mechanics live at 19 USC 1675(a) and 19 CFR 351.221.
What happens to your rate depends on whether your exporter is reviewed.
- Exporter reviewed. Commerce calculates a new rate based on the period of review. Final results publish in the Federal Register, typically 12 to 18 months after the review window closes. The new rate replaces the prior cash deposit rate prospectively AND becomes the assessment rate for entries during the period of review.
- Exporter not reviewed. The cash deposit rate stays in effect. Entries during that period assess at the existing rate at liquidation. The prior rate persists until a future review changes it.
- Exporter loses cooperation. Commerce assigns adverse facts available, often the original petition rate or the highest rate from any segment. Cash deposits go to that rate prospectively, and entries during the period of review assess at it.
High-volume importers should calendar each annual window for every active case touching their supply chain and brief counsel on whether to request review. Skipping the review when your exporter would benefit (because actual margins were lower than the deposit) leaves money on the table; the deposit rate becomes the assessment rate and CBP keeps the difference.
The deposit / assessment gap is also where 19 USC 1677g interest lives. CBP charges interest on under-deposits from the deposit date to liquidation; CBP pays interest on over-deposits. Interest compounds, so a 100-percentage-point gap on a $100,000 entry across 18 months adds materially to the liquidation bill.
Worked example
A real case from the Tandom AD/CVD catalog with three live manufacturer rates.
Facts.
- HTS: 7306.30.50.85 (galvanized circular welded carbon-quality steel pipe, 9.45 mm to 406.4 mm OD)
- Country of origin: China (CN)
- Country of melt and pour: China
- Entry date: May 1, 2026
- Customs value: $10,000
The Tandom AD/CVD lookup at compliance.tandom.ai/adcvd-catalog flags two active orders against the 4-digit heading 7306: A-570-910 (AD, 85.55% China-wide) and its companion C-570-911 (CVD, 39.01%). Both stem from FR Doc E7-13017 / E7-13014, with the AD order effective July 24, 2008, continued most recently by the third sunset review final results at FR Doc 2024-31411 (December 31, 2024).
| Case | Type | Product | Match | Rate |
|---|---|---|---|---|
| A-570-910 | AD | Circular Welded Carbon-Quality Steel Pipe from China | heading (4-digit) | 85.55% |
| C-570-911 | CVD | Circular Welded Carbon-Quality Steel Pipe from China (CVD) | heading (4-digit) | 39.01% |
What the headline rates mean
The 85.55% on A-570-910 is the China-wide rate. It applies to any Chinese exporter that has not established separate-rate eligibility for the current segment. A broker who files with generic "Chinese supplier" language on the invoice gets this rate by default. The 39.01% on C-570-911 is the CVD all-others rate. Stacked, the headline AD/CVD load is 124.56% of declared value, $12,456 on a $10,000 entry, on top of MFN, Section 232, and Section 301.
The three exporter rates Commerce has set
The Tandom catalog tracks every company-specific rate Commerce has issued for the case. For A-570-910, three exporters currently have published separate rates from administrative reviews:
| Exporter | Period | FR Citation | Rate |
|---|---|---|---|
| Tianjin Shuangjie Steel Pipe Co., Ltd. | 2021 | 88 FR 38215 | 2.17% |
| Weifang East Steel Pipe Co., Ltd. | 2020 | 87 FR 47418 | 40.01% |
| Zhejiang Kingland Pipeline Technology Co., Ltd. | 2021 | 88 FR 38215 | 85.55% |
| China-wide entity rate | all periods | FR Doc E7-13017 (2008) | 85.55% |
Why the rates are so different
Tianjin Shuangjie filed and won at separate-rate review, producing 2.17%. Weifang East filed and won at a different review for a different period, producing 40.01%. Zhejiang Kingland's calculated rate happened to land at the China-wide rate, which under Commerce policy means the company effectively received the country-wide rate for that segment. Three exporters, three trajectories. An importer buying from Shuangjie pays 2.17% AD on entries during Shuangjie's covered period; an importer buying from Kingland pays 85.55%.
A broker filing this entry needs three pieces of information on the invoice: the producer name (the actual mill), the exporter name (the seller of record), and confirmation that the producer / exporter pair matches a rate in Commerce's most recent assessment instructions to CBP. If any of the three is off, the entry defaults to the 85.55% China-wide rate.
What the broker does next
For an entry from Tianjin Shuangjie: confirm the most recent CSMS message for A-570-910 still carries the 2.17% rate for this exporter (rates can change at the next review). Confirm the producer and exporter both appear on the invoice with spellings matching Commerce's filings. Confirm the entry date falls within the period covered by the most recent instructions.
For an entry from any unnamed Chinese exporter: the deposit will be the China-wide 85.55% AD plus the 39.01% CVD all-others rate. Stacked with MFN, Section 301, and Section 232, the total duty bill on $10,000 declared value is approximately $19,956.
The catalog page for A-570-910 surfaces the FR scope text, current deposit rate, all administrative-review history, and the operative CSMS messages. The manufacturer page lists every company-specific rate ever published in the case.
Common pitfalls
Quoting all-others when a company-specific rate exists
Some company-specific rates are LOWER than all-others. Importers who do not bother to identify the producer and exporter and confirm against Commerce's filings overpay deposits for years and only realize at liquidation that they could have qualified for a better rate.
Naming the trader instead of the producer
Hong Kong, Singapore, and Vietnam-based traders routinely appear as the "exporter" or "supplier" on commercial invoices. But the AD/CVD combination rate is keyed to the actual producer (the factory). Naming the trader as both producer and exporter on the entry usually disqualifies the combination rate and drops the entry to country-wide.
Spelling mismatches between invoice and Commerce filings
Commerce's combination rates are keyed to specific legal names. "Shanghai ABC Steel Co., Ltd." and "Shanghai ABC Steel Company Limited" can be the same firm, but CBP's check is exact. If the spelling on your invoice does not match the spelling in the operative CSMS message, the entry falls back to country-wide. Some brokers harmonize the entry summary's producer field to Commerce's exact spelling and footnote the variation.
Missing the Separate Rate Application or Certification
For NME cases, the exporter loses its separate rate for the entire segment if the SRA or SRC deadline is missed. Cash deposits snap to the country-wide rate the day after the deadline closes. Calendar these windows annually for every NME case touching your supply chain.
Assuming a 0% rate persists across reviews
Rates change at every administrative review. A 0% rate from 2023 may move to 25% in 2024 or AFA in 2025. Always check the operative CSMS message for the rate in effect on your entry date.
Forgetting the assessment-rate gap
The deposit at entry is provisional. If the next administrative review covering your period of review calculates a higher assessment rate, CBP bills the difference at liquidation, plus interest under 19 USC 1677g. Plan working capital around the 12 to 18+ month liquidation cycle.
Confusing all-others with country-wide
Both are default rates, but they apply in different cases. All-others is market-economy default for cooperative respondents Commerce did not examine; country-wide is NME default for exporters that have not established a separate rate. Mixing them produces wrong rates on entries.
Treating the FR rate as the operational rate
Commerce publishes rates in Federal Register final-results notices. CBP's operational rate at entry comes from the CSMS message that issues afterward, which can lag by days to weeks. Filing on the FR date instead of the CSMS effective date produces protests and bills.
Over-relying on a single CBP rulings letter
A favorable CBP ruling on classification or origin does not bind Commerce. Commerce can decline to follow CBP's substantial transformation analysis when finding country of origin for AD/CVD purposes. The two agencies make independent determinations on AD/CVD scope and origin.
Skipping administrative review when your exporter would benefit
If your exporter's actual margins were lower than the deposit rate, requesting an administrative review can recover the difference. Skipping the review locks in the deposit rate as the assessment rate. The window is short and tied to the anniversary FR notice.
Glossary
- Cash deposit rate
- The rate CBP collects at entry pending final liquidation. Provisional, not final. Set by the operative CSMS message for the case.
- Assessment rate
- The rate CBP actually liquidates at, set by the next administrative review covering the period of review. Difference from deposit becomes refund or bill (with interest under 19 USC 1677g).
- All-others rate
- Default rate for cooperating non-examined exporters in market-economy cases. Weighted average of mandatory respondent rates, excluding zero, de minimis, and adverse-facts-available rates. Statutory basis: 19 USC 1673d(c)(5) and 1671d(c)(5).
- Country-wide rate (PRC-wide / Vietnam-wide)
- Default rate in non-market-economy cases for any exporter that has not established a separate rate for the current segment. Often 100%+ ad valorem.
- Separate rate
- Individualized rate granted to an NME exporter that demonstrates absence of de jure and de facto government control over export activities. Applied for via SRA or certified via SRC each annual segment.
- Producer / exporter combination rate
- Rate assigned to a specific producer / exporter pair under 19 CFR 351.107(b). Applies only when the entry's invoice and entry summary name both the producer and the exporter that match the named combination on file with Commerce.
- Mandatory respondent
- An exporter Commerce selects for individual examination in an investigation or administrative review, typically the largest two or three by volume.
- Adverse facts available (AFA)
- Rate selected from facts otherwise available, with an adverse inference, when a respondent fails to cooperate. Often the highest rate from any segment of the proceeding. Statute: 19 USC 1677e.
- Period of review (POR)
- The 12-month window an administrative review covers, typically the calendar year before the request was filed. Entries during the POR assess at the rate calculated for that period.
- CSMS message
- CBP Cargo Systems Messaging Service notice that issues the operational instructions for AD/CVD cases. CBP's deposit rate at entry comes from the latest CSMS for the case, not directly from the FR notice.
- Suspension of liquidation
- CBP holds an entry's liquidation pending Commerce's assessment instructions. Suspension typically begins on the preliminary determination date for new orders and continues until Commerce instructs CBP to liquidate at the assessment rate.
- Administrative review
- Annual review at the request of an interested party under 19 USC 1675(a), recalculating rates for the period of review and producing assessment rates for liquidation.
- MID (Manufacturer Identification Code)
- CBP-required code identifying the manufacturer (the entity that physically produced the goods). Built from the producer's actual address per CBP's MID construction rules, not the exporter's or freight forwarder's address.
FAQ
High-intent questions brokers and importers ask most often.