Background

In a final determination under the Enforce and Protect Act, U.S. Customs and Border Protection has determined that there is substantial evidence that four U.S. importers evaded the antidumping duty order on steel wire garment hangers from China by misrepresenting the country of origin as Thailand.

According to CBP, information on the record indicates that the foreign producer purchased Chinese-origin hangers and admitted that it purchased semi-finished hangers, which the Department of Commerce ruled is covered by the AD duty order. In addition, the Thai government provided information indicating that the foreign producer could not begin production until after the period of the DOC’s investigation had begun. Further, multiple interested parties in this case or their owners or employees have a history of engaging in evasion, and some submitted falsified documents.

As a result of its determination, CBP will (1) suspend or continue to suspend liquidation of all subject entries, (2) rate adjust entries previously extended in accordance with the interim measures, change those entries to type 03, and continue suspension, and (3) evaluate the importers’ continuous bonds and require single transaction bonds as appropriate.

Under CBP regulations implementing the EAPA 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 can 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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