In an October 2019 report, Antidumping and Countervailing Duty Collection of Outstanding Claims, prepared for Congress by U.S. Customs and Border Protection (“CBP”), the agency explained that at the close of fiscal year 2019 there were 64,761 open bills for antidumping and countervailing duties, with a total amount outstanding of US$4.472 billion. These figures represented […]
Using AD and CVD Laws to Address Unfair Labor Practices
By: Lisa W. Wang and Sophia J.C. Lin Recent debate about labor standards in the domestic legal systems of our trading partners have focused on labor commitments in bilateral and multilateral treaties, such as the U.S.-Mexico-Canada Agreement (“USMCA”). Such commitments, although important mechanisms for change in a country’s labor laws, have proven difficult to enforce […]
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 […]