U.S. Customs and Border Protection has determined that there is a reasonable suspicion that two importers are evading the antidumping and countervailing duty orders on cast iron soil pipe fittings from China by transshipping them through India. CBP explains that there is a lack of actual and specific product documentation or evidence that the alleged Indian producer produced the goods in the shipments, a lack of cohesive sales documentation and payment information, and dual-marked goods discovered in a cargo exam.
As a result of its determination, CBP is imposing the following interim measures.
- suspending liquidation of each unliquidated entry of covered goods entered on or after Dec. 22, 2022, and extending the liquidation period for covered goods entered before that date
- requiring live entry, meaning the importer must submit proper import documentation and duties prior to the release of its goods; rejecting any entry summaries that do not comply; and requiring a refile of entries within the entry summary rejection period
- requiring a single transaction bond or additional security or cash deposit for covered goods if deemed necessary
Under the Enforce and Protect Act any interested party, including competing importers and federal government agencies, may submit allegations that AD/CV duties are being evaded; e.g., by misrepresenting the goods’ true country of origin, submitting false or incorrect shipping and entry documentation, or misreporting the goods’ physical characteristics. CBP has broad authority to investigate these claims and can impose initial remedial measures that could interrupt a supply chain in as little as 90 days. Any final determination of evasion may be met with not only AD/CV duties but also other enforcement measures such as civil or criminal investigations.
For more information on AD/CV duty evasion, please contact attorney Kristen Smith at (202) 730-4965 or via email.
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