Background

In a recent investigation conducted pursuant to the Enforce and Protect Act, U.S. Customs and Border Protection determined that there was not substantial evidence that a U.S. importer entered merchandise covered by the antidumping and countervailing duty orders on wooden cabinets, vanities, and components thereof from China through evasion.

The petitioner in this investigation had alleged that Chinese producers and/or exporters of subject merchandise had been shipping such merchandise to a Cambodian company which in turn repackaged and exported the Chinese-origin goods to the U.S. importer, thereby evading the AD/CV duties in place on the Chinese-origin goods.

However, CBP found no substantial evidence that Chinese-origin merchandise had been transshipped through Cambodia through evasion. Rather, the evidence was consistent with the explanation that the goods were being manufactured in Cambodia and then exported to the U.S. importer. According to CBP, this conclusion was based on the review of the detailed information submitted by the relevant parties, including production, sales, and shipment documentation.

As a result of this determination, CBP will reverse any actions taken with respect to the entries covered by the EAPA investigation.

For more information on AD/CV duty evasion, please contact attorney Kristen Smith at (202) 730-4965 or via email.  

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