CBP is examining the possible transshipment of glycine from China in order to evade antidumping duties, the agency said a notice of initiation of investigation. The notice follows an allegation of evasion filed under CBP's Enforce and Protect Act process. Due to evidence creating a "reasonable suspicion" of evasion, "CBP has imposed interim measures," it said.
The following lawsuits were filed at the Court of International Trade during the week of March 4-10:
An importer of diamond sawblades has filed the first legal challenge of a CBP Enforce and Protect Act evasion investigation. In a complaint filed March 10, Lyke Industrial Tool challenges CBP’s finding of antidumping duty evasion because it did not know any of its statements to CBP were false. Lyke also said the diamond sawblades it imported from China were exempt from AD duties, and even if they weren’t, Commerce should not have applied the high China-wide AD rate to the entries.
CBP is not processing any refunds during the government shutdown, said John Leonard, CBP executive director-trade policy and programs, during a Jan. 7 conference call with industry. The agency is "not processing refunds of any kind on any type of normal entry or drawback transaction," Leonard said. The liquidation process is functioning, but "the backend refunding process and issuing of checks is not happening," he said. Interest may apply to those delayed refunds, Leonard said.
Sun Bright International Corporation and Fair Importing Corporation evaded antidumping and countervailing duty orders on aluminum extrusions through a transshipment scheme, CBP said in a Dec. 11 final determination. The original investigation (see 1805160018) was the result of allegations filed under the Enforce and Protect Act (EAPA) by the Aluminum Extrusions Fair Trade Committee, which is part of the Aluminum Extruders Council. The companies were said to have imported aluminum extrusions made in China through Malaysia and falsely declared the goods as being of Malaysian origin.
International Trade Today is providing readers with some of the top stories for Dec. 10-14 in case they were missed.
CBP's Trade Remedy Law Enforcement Directorate is investigating several new cases of alleged plywood antidumping and countervailing duty evasion under the Enforce and Protect Act (EAPA) evasion enforcement process (see 1608190014), CBP said in a Nov. 20 notice that was released by law firm Wiley Rein. The investigation is focused on five companies that were alleged to be involved in transshipment and false declarations of Chinese hardwood plywood. "Because the evidence thus far establishes a reasonable suspicion that the Importers have entered merchandise into the United States through evasion, CBP has imposed interim measures," the agency said.
CBP is beginning an Enforce and Protect Act (EAPA) investigation into Lyke Industrial Tool over allegations of antidumping duty evasion for diamond sawblades from China, the agency said in an Oct. 30 notice. The same company was previously subject to an EAPA investigation that determined that Lyke evaded AD duties (see 1807240015). "CBP has imposed interim measures" because the evidence shows a "reasonable suspicion" that duty evasion occurred, the agency said.
The Treasury Department published its fall 2018 regulatory agenda for CBP. The agenda includes one new rulemaking involving the Craft Beverage Modernization Act. The agency will try to issue an interim final rule by December this year that "eliminates a restriction pertaining to CBP’s authority to refund excessive duties, taxes, fees, or interest imposed on distilled spirits, wine, and beer," it said.
Power Tek Tool and Lyke Industrial Tool used evasion to avoid antidumping duties on diamond sawblades from China, CBP said in a July 20 final determination. The final determination stems from an allegation filed by the Diamond Sawblades Manufacturer Coalition (DSMC) under the Enforce and Protect Act (EAPA) and the follow-up investigation started by CBP (see 1709250035). CBP found that "substantial evidence" showed the companies imported diamond sawblades from China "but did not declare the AD order upon entry; and, as a result, no cash deposits were applied to the merchandise."