Effective April 17, 2024, U.S. Customs and Border Protection (“CBP”) has amended its regulations implementing the Enforce and Protect Act of 2015 (“EAPA”), a statute granting increased authority to investigate allegations of evasion of antidumping and countervailing duty (“AD/CVD”) orders. The amendments were issued in a final rule of March 18, 2024, and they are
Customs and Border Protection
March 2024 Trade Law Update
In Husch Blackwell’s March 2024 Trade Law Update you’ll learn
about the following updates in international trade and supply chain law:
- An update on U.S. Department of Commerce decisions
- U.S. International Trade Commission – Section 701/731 proceedings
- Customs and Border Protection case summaries
- Summary of decisions from the Court of International Trade
Should you have…
July 2023 Trade Law Update
In Husch Blackwell’s July 2023 Trade Law Update you’ll learn about the following updates in international trade and supply chain law:
- An update on U.S. Department of Commerce decisions
- U.S. International Trade Commission – Section 701/731 proceedings
- Customs and Border Protection case summaries
- Summary of decisions from the Court of International Trade
Should you have…
Federal Circuit Rules that in EAPA Proceedings CBP Must Release Business Confidential Information It Relies Upon to Importers and Has Inherent Authority to Issue an Administrative Protective Order
In an opinion issued on July 27, 2023, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that U.S. Customs and Border Protection (“CBP”) violated an importer’s due process rights by denying access to business confidential information relied on in making its final evasion determination under the Enforce and Protect Act of 2015 (“EAPA”). This decision marks a major victory for importers and foreign producers accused of transshipments and other forms of evasion, and it has significant implications for enforcement actions brought by CBP under EAPA and other statutory regimes, such as the Uyghur Forced Labor Protection Act (“UFLPA”).
April and May 2023 Trade Law Update
In Husch Blackwell’s April and May 2023 Trade Law Update you’ll learn about the following updates in international trade and supply chain law:
Deal Reached to Ease Some Commercial Trucking Backup at the Texas-Mexico Border
Some commercial truck traffic could be moving again at one border bridge as late this afternoon. On April 14, 2022, Texas Governor Greg Abbott announced an agreement with Nuevo León Governor Samuel Alejandro García Sepúlveda for heightened inspections on Mexico’s side of the border at the Columbia bridge and the lifting of increased security measures…
USTR Suspends Trade Engagement with Burma
On March 29th, the Office of the United States Trade Representative (“USTR”) announced the suspension of all U.S. engagements with Burma (Myanmar) under the 2013 Trade and Investment Framework Agreement (“TIFA”), effective immediately. Pursuant to this announcement, the United States will be suspending all government-to-government meetings following the military coup that occurred in February and the related escalation in violence by Burma’s military against its people.
Crackdown on Evasion of Chinese Antidumping Duty Orders Through Criminal and Civil Action in the United States
On December 11, 2020, U.S. Customs and Border Protection (CBP), through the U.S. Department of Justice, filed a civil action in the U.S. Court of International Trade (“CIT”) in New York, United States v. Winland International, Inc. et al. The government alleges false statement to avoid paying the correct antidumping (“AD”) rates and instead declaring inappropriate combination rates apply, as well as undervaluation of the goods, certain types of tires. Fourteen individuals, as well as the company are named in the civil case at the CIT. The press release of the U.S. Department of Justice states that the alleged violations total at least $6.5 million in lost import duty deposits.