U.S. Customs and Border Protection has announced a new process designed to increase transparency for parties to Enforce and Protect Act administrative proceedings, which seek to deter evasion of antidumping and countervailing duty orders. CBP states that under a 2023 court decision it has authority to take such action to give parties to EAPA investigations access to the information it relies on to reach evasion determinations.

A CBP press release states that the new process will allow eligible applicants to apply for administrative protective orders giving them access to business confidential information contained in the administrative record in cases in which they represent an importer alleged to be engaged in evasion or the party that submitted the allegation. An eligible applicant is defined as (1) a U.S.-licensed attorney admitted to practice before the bar of a U.S. state or territory who represents a party to the investigation and is not employed as in-house counsel to a party to the investigation, or (2) a non-attorney staff member employed and/or retained by and working under the direction and supervision of a U.S.-licensed attorney who is authorized to receive business confidential information under the APO.

Once an APO is issued under this process, all documents and information on the administrative record for the case will be shared with the authorized individual.

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