Enforce and Protect Act (EAPA)’s Final Rule

On April 17, 2024, the Enforce and Protect Act (EAPA)’s Final Rule takes effect. EAPA establishes procedures for an “ interested party” to submit an allegation that an importer is evading its payment of antidumping and countervailing (AD/CVD) duties.  

The Final Rule establishes and finalizes the regulations governing EAPA allegations. Some of the highlights include:

• Provides the streamlined investigative guidance and procedures to investigate EAPA allegations in accordance with section 421 of the Trade Facilitation and Trade Enforcement Act of 2015.
• Formalizing the EAPA Portal, which streamlines filing EAPA allegations and maintaining the administrative record and gives parties to an investigation easier access to public documents.
• Noting that Custom and Border Protection (CBP) will provide for an Administrative Protective Order (APO) process to allow for the release of business confidential information to parties to the investigation.

You can find more information in the below links:

• Full Rule: https://go.dhs.gov/J6K
• EAPA background and resources: https://www.cbp.gov/trade/trade-enforcement/tftea/eapa