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 […]
Customs Initiates Formal Investigation Of Antidumping Duty Evasion And Applies Interim Measures Against Chinese Wire Hanger Imports Transshipped Through Thailand
In late December, the U.S. Customs and Border Protection (CBP) began to publish notices respecting initiation of investigations against importers who were alleged to have evaded antidumping or countervailing duties. These investigations are conducted pursuant to new statutory authority commonly referred to as the Enforce and Protect Act (EAPA). While the results of CBP’s informal […]
Tools Are In Place to Improve Antidumping/Countervailing Duty Collections
In testimony before the Senate Finance Committee in June 2008 (treasury.gov/press-center/press-releases/Pages/hp1051.aspx), the Deputy Assistant Secretary for Tax, Trade, and Tariff Policy of the U.S. Department of the Treasury, Timothy E. Skud, summarized his agency’s findings regarding U.S. Customs and Border Protection’s (CBP) collection of antidumping/countervailing duties as follows: Although CBP’s collection rate is over 99 […]