Antidumping and Countervailing Duties

March 2024 was a busy month for U.S. Customs and Border Protection (“CBP” or “Customs”) with respect to the Enforce and Protect Act (“EAPA”) regulations related to the evasion of antidumping and countervailing duties (“AD/CVD”). On March 11, CBP made a new dashboard available, which allows the public to review statistics related to EAPA cases that have made it to the “interim measures” or “determination of evasion” stages of investigations. Separately, on March 18, CBP published a final rule, which adopts amendments to the initial EAPA regulations originally published as an interim final rule on August 22, 2016.

On March 26, 2024, the Eastman Chemical Company (“Petitioner”) submitted a petition (“Petition”) to the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“ITC” or “Commission”) for the imposition of antidumping duties (“ADD”) on dioctyl terephthalate (“DOTP”) from Malaysia, Poland, Taiwan, and Turkey. DOTP is a plasticizer used in a variety of applications, including flooring, PVC compounds, wall coverings, toys, and many others. The Petition asserts that imports of DOTP from the specified countries are being “dumped” (i.e., sold for less than fair value) in the United States and injuring U.S. domestic industry. To offset the alleged dumping, Petitioner requests that the U.S. impose ADD on products within the scope of the Petition.

On October 17, 2023, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“Petitioner”) submitted a petition (“Petition”) to the U.S. Department of Commerce (“Commerce”) and the U.S. International Trade Commission (“ITC” or “Commission”) for the imposition of antidumping duties (“ADD”) on bus and truck tires from Thailand. 

any importers will discover at some point that products they import may be subject to anti-dumping duties (“ADD”) or countervailing duties (“CVD”). With Washington’s continued aggressive approach toward unfair trade practices by foreign competitors, particularly China, importers must prepare for additional ADD/CVD orders and enforcement by U.S. Customs and Border Protection (“Customs” or “CBP”). This article seeks to explain the options an importer has if it discovers that any of its products are potentially subject to ADD/CVD.

On March 20, 2023, the U.S. Commerce Department announced that an agreement had been reached in the antidumping and countervailing duty (AD/CVD) investigation on imports of white grape juice concentrate (WGJC) from Argentina,

On August 14, 2019, the U.S. Customs and Border Protection (“CBP”) issued a notice of proposed rulemaking requiring customs brokers to verify the identity of their importer clients, in particular non-resident importers.

Current rules and regulations only require customs brokers to obtain very minimal details regarding importers to which they provide services.

On August 14, 2017, U.S. Customs and Border Protection (“CBP”) issued its first notification of final determination of antidumping duties (“ADD”) evasion pursuant to the Enforce and Protect Act (“EAPA”).