CBP released two checklists meant to help prepare filings alleging antidumping or countervailing duty evasion, the agency said (here). New AD/CV evasion enforcement procedures recently went into effect as part of CBP's implementation of the customs reauthorization law's AD/CV provisions in the Enforce and Protect Act (EAPA) (see 1608190014). "These documents are meant only for your assistance in preparing an allegation and should not be included with your submission," CBP said. "Moreover, this information is provided solely for your guidance and neither replaces nor supersedes the law or regulations for EAPA proceedings and use of these does not guarantee an affirmative determination for your allegation." The law requires CBP to provide some technical assistance to small businesses filing such allegations. CBP's "Allegation Receipt Checklist" (here) provides "the criteria for determining 'receipt of a properly filed allegation,’” CBP said. The checklist gives "the necessary information to determine whether the facts provided 'reasonably suggest that the covered merchandise has been entered for consumption into the customs territory of the United States through evasion.’”
CBP's interim final rule for new antidumping and countervailing duty evasion processes (see 1608190014) reflected the transparency requirements detailed in the customs reauthorization law's Enforce and Protect Act (EAPA), a CBP spokeswoman said. Sen. Rob Portman, R-Ohio, recently said that the rule might not provide enough transparency (see 1608230016). CBP also "ensured that the [rule] outlines that the parties to the EAPA investigation would be notified at key milestones, such as the initiation, interim measures, referrals to Commerce, consolidation of allegations, and the final determination as to evasion,” she said. “CBP’s regulations also require parties to file public versions of their submissions, which was done in lieu of the statutory authority to institute administrative protective orders. Such extensive measures were undertaken to promote transparency in the proceedings for all parties to the investigation.”
Starting Aug. 22, CBP will be required to open an investigation into allegations of antidumping or countervailing duty evasion when there's "reasonable suspicion," CBP said in interim rule that implements new AD/CV duty evasion processes (here). The regulatory changes were required under the customs reauthorization law that was signed in February (see 1602230080) and spell out the new administrative proceeding at CBP for how it must respond to allegations of AD/CV duty evasions. While CBP could previously take enforcement action related to evasion, the new regulations create specific timelines for responses and add several new features that weren't part of CBP's review process (see 1605190030).
The Trade Facilitation and Trade Enforcement Act of 2015 (here), signed into law Feb. 24, establishes under CBP's authority a new procedure for investigating allegations of antidumping and countervailing duty evasion. If importers or foreign exporters fail to respond to CBP questionnaires that may be sent as part of the investigation, they may automatically be found to be evading duties and could face high AD/CV duty rates. The new law also includes measures for strengthening Intellectual Property Rights enforcement, including sharing of information with rights holders and the extension of protections against violative imports to circumvention devices and works with copyrights pending. The option for importers of AD/CVD merchandise from "new shippers" is also eliminated.