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  4. EAPA Consolidated Case 7657: Various Importers (Notice of Determination as to Evasion, November 7, 2022)

EAPA Consolidated Case 7657: Various Importers (Notice of Determination as to Evasion, November 7, 2022)

EAPA of Action Notice of Initiation and Interim Measures in EAPA Case 7657 - Quartz Surface Products

WASHINGTON—On February 8, 2022, U.S. Customs and Border Protection (CBP) issued its notification of initiation and interim measures as to evasion by Artist Kitchen and Stone Inc., Big D LLC, Colorquartz New York Inc., Cumberland Cabinet and Design Inc., Durian Kitchen Depot Inc., Flowery Stone Inc., Kat Specialties Inc., Kingway Construction Supplier Inc., MS Stone Co. Ltd., Nio Home Depot Inc., Nio Kitchen Depot Inc., Nomadic Barters Inc., and Opaly USA LLC (collectively, the Importers) in Enforce and Protect Act (EAPA) investigation 7657, examining the evasion of antidumping duty (AD) and countervailing duty (CVD) orders A-570-084 and C-570-085 on quartz surface products (QSP) from the People’s Republic of China (China).  CBP found there was a reasonable suspicion that the Importers had been entering covered merchandise from China that was misclassified as non-covered merchandise or that had been transshipped through Malaysia.

In light of CBP’s determination that the Importers entered covered merchandise into the customs territory of the United States through evasion, and pursuant to its authorities under EAPA, CBP will:

  • Require “live” entry for all imports of QSP, meaning the Importers must submit proper import documentation and duties prior to the release of their merchandise;
  • Suspend or extend entries of the Importers without final computation or determination of duties (liquidation), as appropriate; and
  • Review the Importers’ continuous bonds and application of single transaction bonds for their entries, as appropriate.

These actions do not preclude CBP from taking additional enforcement measures as it determines appropriate under its EAPA or other legal authorities, which include pursuing civil penalties or investigations into criminal violations.

For additional information on CBP and EAPA, please visit EAPA Trade Enforcement page.  If you suspect an importer of duty evasion, CBP encourages you to submit an allegation through our online portal.

Follow CBP Office of Trade on Twitter @CBPTradeGov.

Attachment Ext. Size Date
EAPA Consolidated Case 7657: Various Importers (Notice of Determination as to Evasion, November 7, 2022) PDF 539.69 KB 11/22/2022
Last Modified: Apr 17, 2024