U.S. Customs and Border Protection’s Fiscal Year (FY) 2018 Report to Congress, Antidumping and Countervailing Duty Enforcement Actions and Compliance Initiatives: FY 2017, has now been publicly released by the Department of Homeland Security. The report confirms that the antidumping and countervailing duty laws have become increasingly important for American industries, with antidumping and countervailing […]
Court of International Trade Rejects Importer’s Efforts to Collaterally Challenge Application of China Countrywide Antidumping Duty Rate
In Northern Tool & Equipment Company, Inc. v. United States, an importer (Northern Tool) challenged U.S. Customs and Border Protection’s (CBP) assessment of a 383.6 percent antidumping duty assessment rate on eight entries of hand trucks from the People’s Republic of China brought into the United States between December 2007 and June 2008. Northern Tool […]
Court of International Trade Hobbles an Essential Enforcement Tool
As U.S. Customs and Border Protection (“CBP”) endeavors to improve enforcement of U.S. trade laws, the option of imposing a single entry bond (“SEB”) requirement on certain types of shipments (or with respect to certain importers) has become much more important. CBP’s enforcement initiatives are, by necessity, largely retrospective in nature. When the agency suspects […]
In First Year of Existence, CBP’s EAPA Proceedings Provides Meaningful, Timely Remedies to Circumvention
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 […]