U.S. Customs and Border Protection has determined that there is a reasonable suspicion that an importer is evading the antidumping and countervailing duty orders on aluminum extrusions from China by entering subject goods into the U.S. without declaring them as subject to the orders. According to CBP, physical and documentary examination of aluminum fence components referenced in various of the importer’s entries indicate that the imported goods consisted of China-origin extruded aluminum products covered by the scope of these orders and that such goods were not imported as “finished good kits,” which are excluded.

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 Oct. 18, 2022

- extending the liquidation period for each unliquidated entry entered before that date

- requiring live entry, rejecting any entry summaries that do not comply, and requiring a refile of entries within the entry summary reject period

- evaluating the importer’s continuous bonds to determine their sufficiency

- additional measures that may be deemed necessary, including requiring a single transaction bond or additional security or the posting of a cash deposit with respect to covered merchandise

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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