Background

U.S. Customs and Border Protection has determined that there is a reasonable suspicion that three importers are evading the antidumping duty order on glycine from Thailand by transshipping it through Indonesia. For example, CBP found photographs suggesting that the supposed Indonesian producer did not have an operational factory at the time it claimed to have produced most of the glycine it exported to the U.S. importers.

As a result of this determination, CBP is imposing the following interim measures.

- suspending liquidation of each unliquidated entry of covered goods entered on or after July 21, 2020

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

- if necessary, requiring a single transaction bond or additional security or the posting of a cash deposit with respect to covered goods

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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