Domestic industries considering whether to utilize the trade remedy laws must confront an essential question up front: even if the petition results in the imposition of a trade remedy, will the measure be enforceable? Although enforcement risks differ substantially depending on product, the use of fraud to evade and circumvent antidumping duty and/or countervailing duty […]
Federal Circuit Affirms Surety Liability for Antidumping Duties on Crawfish from China
The U.S. Court of Appeals for the Federal Circuit last week affirmed the U.S. Court of International Trade’s finding that American Home Assurance Company (AHAC) is liable for antidumping duties under a bond issued for crawfish tail meat imported from China in 2001. The crawfish entered without any declared antidumping duty liability because the exporter was a […]
Court of International Trade Upholds Single Transaction Bond Requirement on Imports of Garlic from China
The U.S. Court of International Trade (“CIT”) has upheld a negative bond sufficiency determination by U.S. Customs and Border Protection (“CBP”) regarding certain entries of fresh garlic from China imported by Kwo Lee Inc. The fresh garlic was exported by Qingdao Tiantaixing Foods Co., Ltd. (“QTF”), a company that had obtained an antidumping duty cash […]
CBP Authority to Address Risk to Revenue by Dumped Merchandise Under Attack
The problem of assessed antidumping duties that cannot be collected by U.S. Customs and Border Protection (“CBP”) has been an increasing problem undermining the effectiveness of relief against unfair trade in the United States. Through fiscal year 2012 – the last year for which data are available – CBP reported a total of nearly $1.8 […]
Comment: Understanding Circumvention of Antidumping Duties
A plea agreement filed in a federal court in the Northern District of Illinois on May 3 described an intricate scheme that evaded the payment of nearly $39 million in duties on imports of honey from China. In the agreement, Hung Yi Lin a/k/a Katy Lin admits to using the freight forwarding company Ms. Lin owned and […]