The Enforce and Protect Act of 2015 (EAPA), allows Customs and Border Protection (CBP) to investigate whether a company or other entity has evaded anti-dumping and countervailing (AD/CVD) duties in an on the record investigation. EAPA is a multi-party, transparent, administrative proceeding where parties can both participate in and learn the outcome of the investigation. It also maintains due process for parties to the investigation by providing an option for them to request administrative and judicial reviews of CBP’s determination as to evasion. The Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) authorized the EAPA program on February 24, 2016 and CBP implemented EAPA through regulation in August, 2016.
AD/CVD duties are fees added to goods that are underpriced by exporters in foreign countries. The added fees offset the low prices to ensure that U.S. entities are not harmed by anti-competitive behavior. EAPA provides CBP with new authorities to investigate evasion of AD/CVD orders and protect U.S. Government revenue, while also providing an opportunity to partner with other governments and their respective agencies to expand CBP’s investigative capabilities.
One key EAPA action includes implementing Interim Measures within 90 days of beginning an investigation to ensure CBP can bill for the correct duties owed to the U.S. Government. Interim measures allow CBP to require the importer(s) to pay cash deposits for AD/CVD duties on any future imports until conclusion of the investigation and to pause the final processing of payment to CBP for entries up to one year prior to the initiation of the investigation so that CBP can determine if additional duties are owed.
EAPA has made a strong impact on the economic health of the United States since its beginnings in 2016. It has investigated claims of evasion involving multiple products, including wire hangers, pipe and tube, wooden bedroom furniture, diamond sawblades, glycine, OCTG, hardwood plywood, and aluminum extrusions.
As of October 1, 2020, EAPA has:
- Launched 131 investigations
- Conducted over 30 distinct foreign on-site visits or verifications
- Identified over $600 million in AD/CVD duties owed to the U.S. Government
- Protected revenue within 90 days if evasion is found
Below is more information on EAPA's accomplishments, some legal resources, and the Notices of Action for past and current EAPA investigations, as well as a link to the submission form.
EAPA is committed to transparency and process predictability. In order to be as transparent as possible, we publish Notices of Action throughout the course of the investigation. Anyone who files an EAPA allegation, is interested in filing an EAPA allegation, or wants to follow the status of an allegation can view any published Notice of Action. These Notices of Action provide proof that the allegation is being worked, illustrate the process, and provide reassurance that a decision about the result will be issued by the deadline.
Parties to an Enforce and Protect Act (EAPA) investigation have the right to request an administrative review of an initial determination. This is provided for under 19 CFR Part 165, Subpart D. This section sets forth the basic requirements for requesting an administrative review of an initial determination. For the complete requirements, please consult the regulations at 19 CFR Part 165.41. Requests for administrative review of an initial EAPA determination as to evasion must be submitted electronically to the Office of Trade, Regulations and Rulings(OT/RR). U.S. Customs and Border Protection (CBP) has created a separate email box for the submission of requests for administrative review of an initial EAPA determination. All requests for administrative review must be submitted to the following email box: firstname.lastname@example.org. Questions regarding the submission process may also be submitted to email@example.com. If you do not receive a response within two business days, please contact 202-325-0100.
After review of any complete and timely request(s) for administrative review and response(s), OT/RR will issue a Final Administrative Determination. The administrative review will be completed within 60 business days of the date of commencement of the review.
- The Enforce and Protect Act of 2015 or EAPA (19 USC §1517)
- Interim Final Rule providing procedures for EAPA investigations
- Investigation of Claims of Evasion of Antidumping and Countervailing Duties (60 day extension of comment period for Interim Final Rule)
- Investigation of Claims of Evasion of Antidumping and Countervailing Duties; Correction
On April 1, 2021, U.S. Customs and Border Protection (CBP) updated the process to submit EAPA Allegations. Users may now submit EAPA Allegations through the Enforce and Protect Act (EAPA) Portal. If you are ready to submit an EAPA allegation, please click the button below to file your allegation. If you do not feel that the information you have meets EAPA requirements, you may want to consider filing an e-Allegation. The e-Allegations program is another way that you can submit suspected trade violations. Learn more about e-Allegations.
Link will now take you to login to the EAPA Portal:
For more information on the EAPA Portal, please review the following resources:
Quick Reference Guide (QRG)
PAPERWORK REDUCTION ACT STATEMENT: AN AGENCY MAY NOT CONDUCT OR SPONSOR AN INFORMATION COLLECTION AND A PERSON IS NOT REQUIRED TO RESPOND TO THIS INFORMATION UNLESS IT DISPLAYS A CURRENT VALID OMB CONTROL NUMBER. THE CONTROL NUMBER FOR THIS COLLECTION IS 1651-0131, EXPIRATION 02/28/2021. THIS COLLECTION IS CURRENTLY UNDER REVIEW A NEW EXPIRATION DATE IS PENDING. THE ESTIMATED AVERAGE TIME TO COMPLETE THIS SUBMISSION IS 15 MINUTES PER RESPONDENT.
Hanging Tough - How CBP's First Enforce and Protect Act Investigation Helped America's Last Wire Hanger Manufacturer Survive
Frontline, U.S. Customs and Border Protection Magazine
For years, CBP's enforcement actions against antidumping evasions schemes were stymied by legal restrictions, but after the passage of the Enforce and Protect Act of 2015, everything changed.
At a time when domestic manufacturing plants were falling like dominoes because Chinese goods were unfairly priced so low, M&B Metal Products refused to give in. In 2007, the third generation, family-owned business based in Leeds, Alabama, was the last wire hanger manufacturer in America.