ITC five-year reviews can preserve substantial antidumping and countervailing duty exposure long after an original investigation concludes. Importers, customs brokers, exporters, and domestic producers should now track separate developments involving twist ties, utility scale wind towers, and chassis, including participation deadlines, continued cash deposits, and duty drawback limitations.
How ITC Five-Year Reviews Affect Importers
Antidumping and countervailing duty orders generally remain in effect unless the U.S. Department of Commerce and the U.S. International Trade Commission reach the findings required for revocation. In a five-year review, often called a sunset review, the ITC evaluates whether revocation would likely lead to the continuation or recurrence of material injury within a reasonably foreseeable time.
Full Reviews Versus Expedited Reviews
A full review typically provides a more extensive schedule for discovery, written submissions, staff analysis, and a hearing. The ITC generally selects this process when participation is sufficient to support a complete examination of the relevant market and injury issues.
An expedited review follows a narrower schedule and is commonly used when respondent participation is inadequate. Although the process is shorter, the commercial consequences are not less significant. An expedited determination can still result in an AD/CVD order remaining in place, preserving cash deposit requirements and potential duty exposure for importers.
The adequacy of responses from domestic producers, foreign exporters, producers, and governments can therefore shape the review process. Companies that do not participate may lose the opportunity to build a detailed record concerning market conditions, import volumes, pricing, or the likely effects of revocation.
Why Review Status Matters Operationally
Importers should not treat a sunset review as a remote trade policy matter. Continued orders affect landed cost, supplier negotiations, financial reserves, entry instructions, and post-entry compliance. AD/CVD cash deposits are provisional, and final liability may differ after administrative review.
Customs brokers also need accurate product descriptions, country-of-origin information, manufacturer identities, and scope guidance. A missed scope issue can produce underpaid deposits, enforcement exposure, and costly entry corrections. Review status should therefore be integrated into purchasing, classification, broker management, and duty forecasting processes.
Product-Specific Review Schedules and Outcomes
The current ITC five-year reviews involve different products, countries, and procedural tracks. Trade compliance teams should avoid applying one schedule or outcome across all three product groups.
Twist Ties From China
The ITC is conducting full reviews of the antidumping and countervailing duty orders covering twist ties from China. The review period has been extended by up to 90 days.
Assuming publication occurs on November 2, 2026, notices of appearance and applications for access under an administrative protective order are due 45 days later, which is expected to be December 17, 2026. Participating parties should verify the controlling deadline after publication.
The prehearing staff report is scheduled for February 16, 2027, followed by prehearing briefs on March 1. An in-person hearing is scheduled for 9:30 a.m. on March 9, with posthearing briefs due March 22 and final comments due April 20, 2027. Importers and exporters considering participation should coordinate counsel, supporting data, and witness preparation well before the filing dates.
Utility Scale Wind Towers
The expedited reviews cover countervailing duty orders on utility scale wind towers from India and Malaysia, along with antidumping duty orders on wind towers from India, Malaysia, and Spain. The domestic industry response was considered adequate, while the process proceeded on an expedited basis because respondent participation was inadequate.
The staff report is scheduled for service to the administrative protective order service list on January 7, 2027. Written comments are due January 14, 2027, and the review period has been extended by up to 90 days. Affected businesses should preserve purchasing, pricing, production, and import data that may be relevant to counsel or authorized participants.
Chassis and Subassemblies From China
The ITC determined that revoking the antidumping and countervailing duty orders on chassis and subassemblies from China would likely lead to continuation or recurrence of material injury. The reviews began April 1, 2026, and were conducted on an expedited basis.
Importers should plan for the orders and related cash deposit requirements to continue. Commerce generally completes the continuation process and administers deposit instructions. Businesses should monitor entry guidance carefully because scope coverage can depend on product configuration, components, processing, and the language governing the orders.
Compliance, Cash Deposits, and Drawback Planning
A continued AD/CVD order affects more than the duty line on an entry summary. It can change sourcing economics, internal controls, recordkeeping requirements, and the treatment of imported merchandise in subsequent exports or destruction claims.
Strengthen Entry and Supplier Controls
Importers should first confirm whether their merchandise falls within the applicable scope. Tariff classification can be relevant, but scope language generally controls AD/CVD coverage. Product specifications, engineering drawings, component lists, purchase orders, manufacturer information, and country-of-origin records should support the entry decision.
Supplier statements alone may not be sufficient. Importers should evaluate where production occurred, whether third-country processing changed origin, and whether the named manufacturer or exporter has an applicable cash deposit rate. Brokers need clear written instructions that distinguish ordinary customs duties from antidumping and countervailing duty deposits.
Compliance teams should also reconcile entry data against accounts payable and purchasing records. Useful checks include declared manufacturer, exporter, country of origin, entered value, quantity, case number, and deposit rate. Potential errors should be escalated promptly so the importer can evaluate available correction procedures.
Keep AD/CVD Amounts Separate in Drawback Calculations
Antidumping and countervailing duties are not eligible for duty drawback under 19 U.S.C. 1677h. A company cannot include those amounts in a drawback claim merely because the imported merchandise is later exported, destroyed, or used to manufacture an exported article.
Ordinary customs duties paid on the same entry may still qualify when the transaction meets the applicable drawback requirements. Depending on the claim type, this can include qualifying exports or destruction, as well as imported merchandise used to manufacture exported goods.
Drawback filers should maintain separate data fields for ordinary customs duties, merchandise processing fees, Harbor Maintenance Fee where relevant, antidumping deposits, and countervailing duty deposits. This segregation reduces the risk of overstating the refund and helps customs brokers substantiate claim calculations. It also supports more accurate financial reporting because AD/CVD deposits may remain unresolved while eligible ordinary duties move through the drawback process.
- ITC scheduled full sunset reviews of twist ties from China and expedited reviews of utility scale wind towers from India, Malaysia, and Spain, while affirming continuation of AD/CVD orders on chassis from China.* Notices were placed on Federal Register public inspection October 30, 2026, for publication November 2, 2026.
- On October 21, 2026, the USITC determined that revocation of the AD and CVD orders on chassis and subassemblies from China would likely lead to continuation or recurrence of material injury within a reasonably foreseeable time. The orders remain in place. Determinations were filed October 29, 2026. The public report (USITC Publication 5806) is due by November 27, 2026. Reviews were expedited after inadequate respondent responses.
- For twist ties from China (Inv. Nos. 701-TA-649 and 731-TA-1523), the Commission is conducting full reviews (decided June 5, 2026, with a 90-day extension). Key dates include notices of appearance due around December 17, 2026, prehearing staff report February 16, 2027, in-person hearing March 9, 2027 at 9:30 a.m., and final comments April 20, 2027.
- For utility scale wind towers (Inv. Nos. 701-TA-660-661 and 731-TA-1543-1545), the Commission scheduled expedited reviews after determining on October 5, 2026, that domestic responses were adequate and respondent responses inadequate. Comments are due January 14, 2027. Commerce separately issued final results of its expedited CVD sunset review for Malaysia around October 28-30, 2026, finding revocation would likely lead to continuation of subsidies at 6.43 percent.
- No significant practitioner discussions on X were identified in the past 30 days related to these specific reviews. Industry coverage was limited, including an October 4, 2026, note that chassis reviews proceeded uncontested on an expedited track.
Frequently Asked Questions
What Is an ITC Five-Year Review?
An ITC five-year review is the injury component of the process used to determine whether an antidumping or countervailing duty order should remain in place. The ITC generally evaluates whether revocation would likely cause material injury to continue or recur within a reasonably foreseeable time. Commerce separately evaluates the likelihood of continued or recurring dumping or subsidization.
Does an Expedited Review Mean the Order Will Expire Soon?
No. Expedited refers to the review procedure, not to an approaching expiration of the order. When respondent participation is inadequate, the ITC may use an expedited record and schedule. An affirmative determination can keep the order in place, along with applicable AD/CVD cash deposit requirements.
Are Chassis From China Still Subject to AD/CVD Duties?
The ITC reached an affirmative injury determination for chassis and subassemblies from China. Importers should therefore plan for the antidumping and countervailing duty orders to continue. Actual entry treatment depends on scope coverage, manufacturer and exporter information, deposit instructions, and any subsequent administrative developments.
Can Importers Claim Drawback on AD/CVD Duties?
No. Antidumping and countervailing duties are not eligible for drawback. However, ordinary customs duties paid on an entry containing AD/CVD merchandise can potentially qualify if the merchandise is exported, destroyed, or used in qualifying manufacturing activity and all other drawback requirements are satisfied.
Can AD/CVD Cash Deposit Rates Change After a Sunset Review?
Yes. A sunset review determines whether an order continues, but it does not permanently fix an importer's final liability. Cash deposit rates may change through administrative reviews, new shipper reviews, scope proceedings, changed circumstances reviews, or other Commerce actions. Importers should distinguish deposited amounts from final assessed duties when forecasting exposure.
How Stable Software Can Help
Support More Accurate Drawback Calculations
Entries subject to AD/CVD orders require careful separation of ineligible antidumping and countervailing duties from ordinary customs duties that may qualify for refund. Consistent data treatment is especially important when importers have large entry populations, multiple suppliers, or merchandise moving through manufacturing and export programs.
DrawbackAI is flat-license duty drawback software that U.S. customs brokers can white-label for importer clients and use to file claims under their own filer code. Stable Software charges a flat software license and never takes a percentage of the refund. Brokers evaluating how to manage eligible duty recovery while excluding AD/CVD amounts can explore the platform as part of their drawback process planning.
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