U.S. antidumping and countervailing duty reviews can mix product names, company rates, proceeding stages and import treatment. Commerce determines dumping, subsidies and scope; the U.S. International Trade Commission determines injury. A buyer should return to the current official record before treating a headline as a landed-cost answer.
1. Find the correct case and stage
Use Commerce's AD/CVD Search to identify the product, country and separate AD and CVD case numbers. Record whether the document is an initiation, preliminary determination, final determination, order, review or scope ruling.
2. Freeze the actual merchandise
Collect the model, materials, dimensions, function, configuration, component state, packaging, drawings and product photos. A supplier's short name or an ecommerce title may not match the language used in the scope. Keep the evidence with the product specification sheet.
3. Read the written scope and exclusions line by line
Commerce explains that HTSUS numbers are generally listed for customs convenience while the written scope description is controlling. Compare physical and technical characteristics, uses, inclusions and exclusions. Use the tariff code as a search aid, not as the only decision rule.
4. Verify the producer-exporter-importer chain
Do not move a named-company rate to another factory or trading company. Record the actual producer, exporter, invoice issuer, U.S. importer and customs declarant. Ask the importer and qualified advisers to reconcile that chain with the determination and import instructions.
5. Separate preliminary, final and import dates
An affirmative preliminary determination is a procedural stage; it does not freeze the final rate. A final determination, ITC injury decision, order, suspension instructions and later review each have dates and conditions. Put the source document, effective period and next review trigger beside every landed-cost assumption.
6. Save the basis in the purchase and quote file
Keep the case numbers, official links, document date, relevant scope wording, product evidence, entity chain, reviewer and unresolved points. If the assumption changes, use a controlled quotation or purchase-order review so the old and new positions remain traceable.
7. Escalate genuine uncertainty
Have the U.S. importer work with its customs broker or trade counsel on the actual goods. If the written scope does not resolve the question, interested parties can evaluate Commerce's formal scope-ruling process. Commerce notes that nonbinding CBP advice does not replace a binding Commerce scope ruling.
Copy this AD/CVD scope record
- Product / model / material / function / configuration: ___.
- AD case number / CVD case number: ___.
- Current stage / document date / version: ___.
- Written-scope conditions / exclusions: ___.
- HTSUS reference code, for search only: ___.
- Producer / exporter / importer / declarant: ___.
- Entry date / quote assumption / review trigger: ___.
- Open question / qualified reviewer: ___.
China air-compressor CVD case: scope, producer–exporter treatment and entry dates
For U.S. importers buying Chinese compressors, customs brokers and supplier teams assembling an order file. This is an interpretation of the preliminary CVD determination, not a new final determination or duty order. Case sources reviewed: 4 October 2026. The Federal Register notice was published on 1 October 2026.
A preliminary percentage does not establish this entry's final duty or total U.S. import cost. The published notice supplies scope conditions, exclusions, entity rules and dates. Product matching, legal-entity matching, current CBP messages and entry-specific AD treatment still need evidence.
1. What the published notice establishes
The China CVD investigation is C-570-233. FR Doc. 2026-20165, 91 FR 62474–62477, gives an applicability date of 1 October 2026. Its suspension section addresses subject merchandise entered, or withdrawn from warehouse, for consumption on or after publication. This case study does not identify the current CBP message for a particular entry.
FNA (Zhejiang) Co., Ltd. is listed at 3.84%; six company listings in the notice carry 112.29%, based on adverse facts available; All Others is 3.84%. These are preliminary estimated subsidy rates, not this shipment's final duty. Match both producer and exporter before applying the notice's deposit rules. Notice, pp. 62474–62476
| Evidence read | What it supplies | What remains entry-specific |
|---|---|---|
| Appendix I, pp. 62476–62477 | Scope conditions, unfinished goods, accessories and exclusions | The actual model/configuration and any disputed scope conclusion |
| Suspension of Liquidation, pp. 62475–62476 | Producer/exporter treatment and date conditions | Legal entities, supporting records and current CBP instructions |
| Alignment and ITA fact sheet | Decision deadline versus expected public announcement | Later postponements or amendments and other costs |
2. Read the technical conditions together
This is a working summary of Appendix I. No single row is an automatic scope decision. The written description controls; HTSUS numbers are reference aids. Appendix I
| Condition | Notice content, summarized | Evidence to obtain from the supplier |
|---|---|---|
| Compression principle | Certain stationary and portable reciprocating/piston compressors | Actual compression principle and drawings; a product-family name is insufficient |
| Power and pump | Electric, gasoline-engine driven or battery-powered; reciprocating pumps may be oil-free or oil-lubricated | Power source, pump type and lubrication specification; oil-free alone is not an exclusion |
| Integrated pressure vessel | Capacity of 1–80 gallons | Whether the vessel is integrated and its documented capacity |
| Drive | Direct drive or belt drive | The actual motor/compressor connection |
| Power range | 373 W (0.5 HP) to 22.37 kW (30 HP) | Value, units and specification revision, alongside all other conditions |
| Common power descriptions | Portable units commonly 0.5–15 HP and stationary reciprocating units 0.5–25 HP; other power levels within the overall range can still be covered if the remaining scope wording is met | Do not use “over 15 HP portable” or “over 25 HP stationary” as a stand-alone exclusion |
Keep power, vessel capacity, compression principle, condition of the goods and exceptions in one comparison. Unknown specifications stay unknown.
Unfinished goods, processing and accessories
| Situation | Notice treatment, summarized | Suggested supporting records |
|---|---|---|
| Unfinished compressors | Included when exported from a subject country; the definition discusses remaining manufacture such as labeling, packaging or kitting with accessories | Remaining operations, export condition, packing list and BOM; not every loose part is automatically an unfinished compressor |
| Further processing in a third country or the United States | Includes qualifying assembly/processing that would not remove the goods from scope if done in the country of manufacture; additional parts used to complete unfinished compressors in a third country are also addressed | Original goods, operations, location and additional parts; a different shipping country alone does not establish exclusion |
| Compressors packaged with accessories or other products | Included; examples include hoses, fittings, tool kits, oil, nail guns and pneumatic tools | Whether this is one package/kit and exactly what it contains |
| Those listed accessories or other products imported separately from the compressor | Those products are outside this investigation's scope under that provision | Do not extend this statement to every separately imported compressor part or to unrelated requirements |
Exclusions require the complete conditions
| Exclusion | Conditions to check together | Evidence needed |
|---|---|---|
| AC-, DC- or battery-powered inflators | No integrated air tank/reservoir and output of 1 CFM or less | Tank/reservoir design and output specification; the name “inflator” alone is insufficient |
| Rotary compressors | Rotary screw, rotary vane and scroll examples | Actual compression principle |
| Dynamic compressors | Centrifugal and axial examples, using rotating impellers/blades | Actual mechanism; having an electric motor alone does not establish this category |
Listed HTSUS references: stationary 8414.80.1615, 8414.80.1625 and 8414.80.1635; portable 8414.80.1685. The written merchandise description controls.
3. Match both producer and exporter
A supplier's invoice name or a low-rate screenshot cannot replace the actual producer. Unknown identity does not establish All Others. The notice's combination rules are summarized below. Suspension of Liquidation, pp. 62475–62476
| Producer | Exporter | Notice rule | Entry-specific check |
|---|---|---|---|
| Individual rate assigned in this preliminary determination | Individual rate assigned in this preliminary determination, different from the producer’s | Use the higher cash-deposit rate | Match both complete legal names and check later instructions |
| Individual rate assigned in this preliminary determination | The same individual rate assigned in this preliminary determination | The higher-of-two comparison yields that same rate | Confirm both legal identities and current applicable instructions |
| Individual rate assigned in this preliminary determination | No individual rate assigned in this preliminary determination | Producer's individual rate | Actual factory and its listed identity |
| No individual rate assigned in this preliminary determination | Individual rate assigned in this preliminary determination | Exporter's individual rate | Actual exporter and supporting chain |
| Neither assigned an individual rate in this preliminary determination | Neither assigned an individual rate in this preliminary determination | Estimated All Others rate, 3.84% | First establish both identities; failing to find an abbreviation is not enough |
| Either identity or assignment unknown | Either identity or assignment unknown | Treatment remains unresolved | Record missing evidence, owner and next action |
The All Others calculation excludes zero, de minimis and rates based entirely on facts available; FNA's calculated rate is used for the other producers/exporters. This is not a choice of rate achieved by changing an invoice header. All-Others Rate, p. 62475
4. Keep announcement, applicability and entry dates separate
| Date/event | Meaning | Do not substitute |
|---|---|---|
| 29 September 2026 | ITA public announcement of the affirmative preliminary CVD determination | The notice's applicability date |
| 1 October 2026 | Federal Register publication/applicability; subject entries for consumption, or withdrawals from warehouse for consumption, on or after publication are addressed | Factory completion or vessel departure date |
| Actual or planned entry for consumption, or withdrawal from warehouse for consumption | Must be reconciled with current instructions and entry records | A news screenshot |
| No later than 10 February 2027 | Current deadline for issuing the aligned final determination, unless postponed | The following day's expected public announcement |
| 11 February 2027 | ITA's expected public announcement, unless postponed | A new deposit start date or the same action as issuance |
Notice, Alignment and Suspension sections; ITA Next Steps.
5. A CIF quotation is not an import-tax-inclusive total
Record the Incoterm, rules edition, named place/port and agreed cost allocation. CIF names cost, insurance and freight to a destination port; it does not by itself confirm every U.S. import tax and charge. ITA Incoterms guide
Record CVD deposits, AD treatment, transport, insurance and other charges separately. Missing AD evidence is unknown, not zero. Document the calculation basis and current instructions before estimating entry-related cash requirements. Distinguish deposits from final assessed duties. No hypothetical percentage comparison is offered here.
6. Three handoff records
These are CZ Overseas working aids, not additional official filing requirements. The linked blank tool contains the complete fields.
A. Goods and scope
| Goods evidence | Appendix condition/exception | Confirmed or unknown | Missing evidence/owner |
|---|---|---|---|
| Model, principle, power source, power, vessel capacity and drawing revision: [ ] | Paragraph: [ ] | [ ] | [ ] |
| Finished/unfinished/kit/separately imported products and BOM: [ ] | Processing/accessory rule: [ ] | [ ] | [ ] |
| Claimed exclusion and actual parameters: [ ] | Complete conditions: [ ] | [ ] | [ ] |
B. Entity chain
| Role | Complete legal name and support | Individual/other assignment | Missing evidence/reviewer |
|---|---|---|---|
| Producer | [ ] | [ ] | [ ] |
| Exporter | [ ] | [ ] | [ ] |
| Invoice issuer / U.S. importer | [ ] | Does not replace the first two rows | [ ] |
C. Dates, instructions and costs
| Item | Evidence/version | Entry record | Open question/owner |
|---|---|---|---|
| Applicability and entry for consumption, or withdrawal from warehouse for consumption | FR 2026-20165 plus entry records | [ ] | [ ] |
| CBP messages and amendments | Number, retrieved date, conditions | [ ] | [ ] |
| CVD and AD, separately | Each case, basis and review | [ ] | [ ] |
| Incoterm/edition/named place/cost allocation | Quote and agreement | [ ] | [ ] |
7. Confirm only what the available evidence supports
| Evidence state | Available action | Still unresolved |
|---|---|---|
| Public article and notice only | Compare conditions and request specific supplier/entry records | Scope conclusion, entity treatment and an evidence-based cost estimate for this entry |
| Technical and entity records available; current instructions/entry date missing | Save comparison and open questions | Current deposit requirements and a documented estimate of other entry charges |
| Written review covers this configuration, entities, dates and versions | Register its coverage and update the estimated costs and agreed allocation | Anything expressly unreviewed, including AD or later changes |
Receipt of a written review does not mean that all entry issues are resolved or that CBP has released the goods. A changed configuration, producer/exporter, entry date or case document triggers a new review version; retain previous forms and quotes.
8. Two requests to the broker or trade reviewer
Templates only; not sent. Complete brackets internally. Select the version matching work actually completed.
Version A — use only after completing the scope comparison and entity register
For purchase order [reference], China-origin compressor [model/configuration revision], we have prepared an Appendix I comparison under FR Doc. 2026-20165 and recorded producer [complete legal name] and exporter [complete legal name]. Please identify:
- How the merchandise matches each condition/exclusion and which scope questions remain open.
- The producer/exporter treatment and its supporting instructions.
- The date of actual or planned entry for consumption, or withdrawal from warehouse for consumption; current CBP message number and amendments.
- Which CVD, AD and other charges are covered, and the basis for each.
- Which goods, entities, dates and document revisions your written review covers, and its exclusions.
Proposed terms: [Incoterm + rules edition + named place]. List unresolved costs and responsibility. Use the reviewed records to update the estimated landed cost, identifying current cash-deposit requirements, other included charges and unresolved items. Final assessed duties may differ.
Version B — scope comparison or entity registration still incomplete
We are assembling the scope and entity records for order [reference] using FR Doc. 2026-20165. We have [available documents] and still need [missing documents]. Please help review:
- Which Appendix conditions the available technical documents address, and which specifications/drawings/condition-of-goods records are missing.
- Actual producer/exporter legal names and supporting records; relationships still unknown.
- The date of actual or planned entry for consumption, or withdrawal from warehouse for consumption; current CBP instructions and amendments.
- Unresolved CVD/AD bases and allocation of responsibility.
- The goods, entities, dates and versions covered by your response, and items not covered.
We will retain unresolved items and their owners, then save a new comparison and quote version when evidence arrives. This request does not claim that the scope review is complete, that entry-related issues are resolved, or that final assessed duties are established.
Sources and limits
Read: FR Doc. 2026-20165, pp. 62474–62477, including Appendix I, entity rules, applicability and Alignment; complete official issue; ITA preliminary fact sheet; ITA Incoterms guide, publication date not established.
Unknown: particular merchandise/entity matching, current CBP message numbers and amendments, entry-specific AD treatment, cost bases, entry records and written-review coverage. No customer records or authenticated ACCESS materials were accessed. The source-review date does not represent verification of every order.
Sources and limits
Original general-guide source record: 1 October 2026; compressor-case sources reviewed: 4 October 2026. Current example: Commerce's preliminary air-compressor CVD fact sheet. Case records: AD/CVD Search. Scope and HTS boundary: Commerce's AD/CVD FAQ. Injury process: the USITC handbook. This guide is an operational review framework, not a scope ruling, duty opinion, legal opinion or customs instruction.
Frequently asked questions
Is an HTS code enough to decide scope?
No. The written scope controls, and the actual merchandise and exclusions must be reviewed.
Can an unlisted supplier use the lowest rate?
Do not assume so. Confirm the entity chain and current official instructions.
Does an affirmative preliminary determination fix the final duty?
No. Preliminary and final determinations, injury decisions and orders are separate stages.
Who issues a binding scope ruling?
The U.S. Department of Commerce; parties should assess the formal route with qualified advisers.
Need a scope check inside your sourcing workflow?
Use the Export Toolkit to align product and order fields, then contact Chris to discuss a review path. Do not send customer, cost or supply-chain-sensitive material through a public message.