Enforce and Protect Act (EAPA): New AD & CVD Enforcement Procedures

Title IV of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) amends U.S. Customs and Border Protection (CBP) regulations to set forth procedures for CBP to investigate claims of evasion of anti-dumping and countervailing duty orders. CBP has published an Interim Final Rule describing the procedures to be used to investigate such claims.

CBP: Interim Regulations – Investigation of Claims of Evasion of Anti-dumping and Countervailing Duties

What are Anti-dumping (AD) & Countervailing duties (CVD)?

Anti-dumping (AD) occurs when the United States International Trade Commission (ITC) has found certain imported products have materially injured or threatened with material injury a domestic industry and that the United States Department of Commerce (Commerce) has found to have been sold in the U.S. market at prices below fair market value.

Countervailing duty (CVD) law provides for increased duties on imported products that the ITC has found to have materially injured or threatened with material injury a domestic industry and that Commerce has found to have benefited from a countervailing subsidy from a foreign government or public entity.

C J strongly recommends that all importers become familiar with AD & CVD situations. You can do so by reviewing the following CBP documents:

CBP: Anti-Dumping and Countervailing Duties – Frequently Asked Questions

CBP: ADCVD Brochure

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