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 […]
Federal Circuit Affirms a 112.81% Antidumping Duty Rate Assigned to a Chinese Exporter that Provided False and Inaccurate Information to Commerce
The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) today affirmed the U.S. Court of International Trade (“CIT”)’s decisions that the U.S. Department of Commerce (“Commerce”) had properly assigned a 112.81% antidumping duty rate to Hilltop International (“Hilltop”) in the 2008-2009 and 2009-2010 administrative reviews of the antidumping duty order on frozen warmwater […]
U.S. Department of Justice Files Two Civil Suits Alleging Fraudulent Evasion of over $40 Million in Antidumping Duties
The U.S. Department of Justice (Justice) recently filed two different civil suits at the U.S. Court of International Trade (CIT) seeking to recover millions of dollars in antidumping duties alleged to have been fraudulently evaded. In both cases, Justice alleges a pattern of activities undertaken by importers designed to undermine the effectiveness of antidumping duty […]