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 […]
Why Is Only Less Than a Third of the Amounts in Antidumping/Countervailing Duty Bills Issued by Customs Collected?
If you are a U.S. manufacturer with an interest in the country’s trade remedy laws, there is a single figure – Figure 3 – in the U.S. Government Accountability Office’s (GAO) recently released report regarding antidumping and countervailing duty collection (gao.gov/products/GAO-16-542) that sticks out. With access to non-public data maintained by U.S. Customs and Border […]