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 quartz surface products from China by transshipping them through Vietnam. CBP found evidence that the importer’s supplier imported multiple shipments of Chinese-origin QSP slabs into Vietnam at the same time the importer was buying from the supplier and noted that even if these slabs were further processed in Vietnam that processing would not make the slabs Vietnamese-origin.
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. 28, 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 bond to determine its 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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