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Commerce Working on Rules for Quick Scope Rulings During CBP AD/CVD Evasion Investigations

The Commerce Department is currently drafting new regulations to create a process for issuing scope rulings quickly when requested by CBP during Enforce and Protect Act (EAPA) investigations of antidumping and countervailing evasion, a Commerce Department official said. The recent…

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customs reauthorization law’s EAPA provisions include a section that allows CBP to refer to Commerce if it is unsure whether a product named in an evasion complaint is covered by the scope of duties. Commerce intends “to create a process that allows us to address a CBP referral promptly and preserves the flexibility to gather information and input from parties for [Commerce’s] consideration,” the official said. The regulatory changes will “address differences between the EAPA requirements and Commerce's current processes for scope inquiries,” an industry executive has said (see 1610140044).