In 2016 Congress passed the "Enforce and Protect Act of 2015” or “EAPA”), which established a formal process for U.S. Customs and Border Protection (CBP) to investigate allegations of evasion of antidumping and countervailing duty (AD/CVD) orders.
Before the promulgation of interim final regulations, there was not a formal procedure for interested parties and other Federal agencies to submit allegations and evidence of AD/CVD evasion to CBP, or a requirement for CBP to undertake a formal investigation in response to allegations of evasion.
If an entity wanted to file an AD/CVD grievance against another business it would have had to submit a grievance via CBP’s Trade Violation Reporting (TVR) system for general e-Allegations or contact CBP by other means, and a CBP employee would assist it in submitting its allegation.
EAPA provides CBP with a formal process for conducting administrative investigations involving possible evasion of AD/CVD orders. CBP has established a new process under EAPA whereby CBP can formally reach out to the alleger, the alleged evader, and other interested parties with separate and distinct questionnaires in order to acquire information that will be used to determine whether an investigation is warranted and whether evasion is occurring or has occurred.
Today, eight years after the passage of enabling legislation, CBP has published the Final Rule.
In addition to considering and responding to the public comments, CBP has reviewed the interim regulations in their totality to assess the effectiveness of the established EAPA process and determine whether any regulations should be amended.
| Filed on: 03/15/2024 at 8:45 am Scheduled Pub. Date: 03/18/2024 FR Document: 2024-04713 |
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