Background

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 amorphous silica fabric from China by misrepresenting the country of origin, misclassifying covered fabric as “glass cloth fiber,” and/or transshipping covered fabric from China through Canada to the U.S.

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, 2021

- extending the liquidation period for each unliquidated entry entered before that date and changing those entries to type 03

- requiring live entry, requiring cash deposits to be posted prior to release of goods from CBP custody, and rejecting any entry summaries that do not comply

- requiring a refile of entries within the entry summary reject period

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

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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