This August, the Department of Commerce published in the Federal Register notice of proposed Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws. The changes proposed by Commerce to the AD/CVD regulations represent the largest such amendment to the agency’s regulations in twenty years. These proposed modifications of Commerce’s existing AD/CVD regulations […]
Congress Requires CBP to Issue a Detailed Public Report of Its Antidumping/Countervailing Duty Collection Efforts; CBP’s Ignoring Congress
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 […]
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 […]
Section 232 Steel Product Exclusion Process Will Be Determined by Participation of U.S. Steel Mills
Following its investigation of the effects of steel imports on national security, the U.S. Department of Commerce’s Bureau of Industry and Security (Commerce) recommended that the Administration take action to limit those imports such that, when combined with “good management,” it would “enable U.S. steel mills to operate at 80 percent or more of their […]
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 […]