Background

In a final determination under the Enforce and Protect Act, U.S. Customs and Border Protection has found substantial evidence that U.S. companies evaded the antidumping duty order on xanthan gum from China by transshipping it through India.

As a result, CBP will continue to (a) suspend liquidation for any entry of subject goods entered on or after May 7, 2019, (b) extend the period for liquidation of all unliquidated entries entered before that date, (c) require live entry, which requires the importer to post the applicable cash deposit rate (currently 154.07 percent) prior to entry release, and (d) evaluate the continuous bond of the importers and require single transaction bonds as appropriate. CBP could also pursue additional enforcement actions or penalties as appropriate.

The EAPA, part of the Trade Facilitation and Trade Enforcement Act, gives CBP a significantly expanded role in investigating AD/CV duty evasion and the authorities to match. Under CBP regulations implementing the EAPA any interested party, including competing importers and federal government agencies, may submit allegations that AD/CV duties are being evaded; e.g., through misrepresentation of the goods’ true country of origin, false or incorrect shipping and entry documentation, or misreporting of the goods’ physical characteristics. CBP has broad authority to conduct investigations of these claims and can impose initial remedial measures that could interrupt a supply chain in as little as 90 days.

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

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