CBP Seeks First Scope Ruling in EAPA Investigation
CBP requested input from the Commerce Department on whether merchandise at issue in an antidumping duty investigation falls within the scope of the AD order, CBP said in a Dec. 4 notice. The scope referral marks the first such request from CBP under the Enforce and Protect Act process. Choice Refrigerants filed the allegation over a patented refrigerant imported by LM Supply. Choice alleged that LM Supply entered the goods through evasion of an AD order on hydrofluorocarbon blends from China (A-570-028).
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CBP is "unable to determine whether the merchandise imported by LM Supply, entered as R-421A, is subject to the AD Order," the agency said. CBP asked Commerce if a scope exclusion is "limited to only that merchandise that is licensed by the rights holder or does it apply to any HFC blends that satisfy the terms of the patents" and whether that exclusion applies to "only that merchandise that also carries the trademarks indicated in the scope exclusion." The deadlines for the investigation "have been stayed pending Commerce’s issuance of a determination," CBP said.