The All-Others Rate (AOR) is the antidumping or countervailing duty rate applied to foreign producers and exporters of subject merchandise that were not selected for individual investigation as mandatory respondents. The legal basis is 19 U.S.C. § 1673d(c)(5) for AD and § 1671d(c)(5) for CVD; procedures are at 19 CFR § 351.204(b).
The Commerce Department typically selects only the two or three largest exporters (by import volume) for individual investigation. Every other exporter not chosen receives the all-others rate. The all-others rate is generally calculated as the weighted-average margin of the mandatory respondents, excluding any margins that are zero, de minimis (less than 2% for AD, less than 1% for CVD), or based entirely on adverse facts available.
A few wrinkles:
- All zero or de minimis margins — If all mandatory respondent margins fall to zero or de minimis, Commerce derives an "expected method" rate that's typically still very low
- All adverse facts available — If all mandatory respondents fail to cooperate, Commerce may use the petition rate as the all-others rate; these can be punitively high (sometimes 100%+)
- Non-market economy cases — In NME cases like China, the country-wide rate (often based on adverse facts) is the default, and the all-others concept is replaced by the separate rate
The all-others rate is recalculated in each administrative review and remains in force as the cash-deposit rate for non-mandatory respondents until updated.