The Enforce and Protect Act of 2015, Section 421 (EAPA) established an administrative process through which trade-affected domestic industries could petition U.S. Customs and Border Protection (CBP) to take action against unfairly traded imports that were entered into the United States so as to fraudulently evade antidumping and/or countervailing duties. Under the legislation, EAPA proceedings […]
CBP’s EAPA Publications Shed Light on How the Agency Will Exercise Discretion in Administrative Proceedings
On August 17th, U.S. Customs and Border Protection (CBP) made public several documents related to investigations undertaken under the Enforce and Protect Act of 2015, Section 421 (EAPA). The public release of documents was accompanied by a press release heralding the agency’s exercise of authority to launch multiple investigations of illegal Chinese imports. The substance […]
CBP’s Fiscal Year 2015 Report Shows Large Increase in Uncollected Duties; Amount of Uncollected Duties Likely Increased Even More Substantially in Fiscal Year 2016
After U.S. Customs and Border Protection (“CBP”) released a limited, heavily edited “public version” of its Antidumping and Countervailing Duty Enforcement Actions and Compliance Initiatives report to Congress for fiscal year 2015 in January of this year, the Department of Homeland Security made public the entire report without redaction. The Department of Homeland Security’s website […]
CIT Affirms Commerce’s Broad Discretion in Determining Whether a Domestic Company May Request an Administrative Review
On February 3, 2017, the U.S. Court of International Trade (“CIT”) upheld the U.S. Department of Commerce’s (“Commerce”) finding that Dixon Ticonderoga Company (“Dixon”), as a U.S. producer of cased pencils, was entitled to request an administrative review of the entries of pencil imports shipped to the United States by a Chinese exporter, Shandong Rongxin […]
Customs Penalty Litigation Demonstrates How Evasion of Antidumping Duties Fundamentally Undermines Trade Remedy Law
In May 2015, all six commissioners of the U.S. International Trade Commission unanimously determined that the revocation of the antidumping duty order on imports of saccharin from China would not be likely to lead to the continuation or recurrence of material injury to the domestic saccharin industry within a reasonably foreseeable time. The Commission made […]