Trade Decisions

EAPA Action: Notice of Determination as to Evasion for EAPA Cons Case 7785 – Cast Iron Soil Pipe and Cast Iron Soil Pipe Fittings

peter.lee2 — Mon, 27 Nov 2023 18:05:23 +0000

EAPA Action: Notice of Determination as to Evasion for EAPA Cons Case 7785 – Cast Iron Soil Pipe and Cast Iron Soil Pipe Fittings peter.lee2 Mon, 11/27/2023 - 13:05

WASHINGTON— On October 30, 2023, CBP issued the notice of determination as to evasion for EAPA consolidated case 7785 filed by the Cast Iron Soil Pipe Institute against U.S. importer LDL Trading Company (LDL) for evasion of the applicable AD/CVD orders A-570-079 and C-570-080 on cast iron steel pipe (CISP) from China and AD/CVD orders A-570-062 and C-570-063 on cast iron soil pipe fittings (CISPF) from China. Specifically, evidence on the record shows that LDL imported Chinese-origin CISP and CISPF that was transshipped through Malaysia and was misclassified as non-covered merchandise. CBP has determined that there is substantial evidence of evasion of AD/CVD duties by LDL and, therefore, CBP issued a formal notice of determination as to evasion and has taken enforcement actions.

CBP will suspend or continue to suspend the entries covered by this investigation until instructed to liquidate these entries.
For those entries previously extended in accordance with Interim Measures, CBP will rate adjust and change those entries to type 03 and continue suspension until instructed to liquidate these entries.
CBP will evaluate LDL’s continuous bond in accordance with CBP’s policies and may require single transaction bonds as appropriate.

For additional information on CBP and EAPA, please visit CBP.gov. 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.

EAPA Action: Notice of Investigation and Interim Measures in EAPA Case 7814 - Xanthan Gum from China

cmelvin — Wed, 15 Nov 2023 20:14:09 +0000

EAPA Action: Notice of Investigation and Interim Measures in EAPA Case 7814 - Xanthan Gum from China cmelvin Wed, 11/15/2023 - 15:14

WASHINGTON—On November 8, 2023, U.S. Customs and Border Protection (CBP) issued its notification of initiation and interim measures as to evasion by Texas United Chemical Company, LLC (Importer) in Enforce and Protect Act (EAPA) investigation 7814, examining the evasion of antidumping duty (AD) A-570-985 on Xanthan Gum from the People’s Republic of China (China). CBP found there was a reasonable suspicion that the Importer had been entering covered merchandise from China that had been transshipped through Turkey.

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 Xanthan Gum, 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 CBP.gov. 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.

EAPA Action: Notification of Initiation of Investigation and Interim Measures in EAPA Cons Case 7819

peter.lee2 — Wed, 15 Nov 2023 19:16:00 +0000

EAPA Action: Notification of Initiation of Investigation and Interim Measures in EAPA Cons Case 7819 peter.lee2 Wed, 11/15/2023 - 14:16

WASHINGTON — On October 31, 2023, U.S. Customs and Border Protection (CBP) issued its notification of initiation of investigation and interim measures as to evasion by Besttn Industry Inc. (the Importer) in Enforce and Protect Act (EAPA) consolidated investigation 7819, examining the evasion of antidumping duty (AD) orders and countervailing duty (CVD) orders on cast iron soil pipe fittings (CISPF) from the People’s Republic of China (case numbers A-570-062 and C-570-063) and cast iron soil pipe (CISP) from the People’s Republic of China (case numbers A-570-079 and C-570-080). CBP found there was a reasonable suspicion that the Importer had been entering covered merchandise from China that had been transshipped through Malaysia.

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

Extend liquidation of unliquidated entries that entered before the date of initiation July 26, 2023;
Suspend liquidation of unliquidated entries entered on or after the date of initiation July 26, 2023, and reject any entry summaries and require a re-file for those entries that are within the entry summary reject period;
Require “live” entry for all imports of Besttn, requiring the importer to submit proper documentation and all duties prior to release of the merchandise;
The AD rates are the “all others” rate for China under A-570-062 and C-570-063 and A-570-079 and C-570-080, if DOC has not determined a separate rate that would apply to that entry.

For additional information on CBP and EAPA, please visit CBP.gov. 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.

EAPA Case Number 7814: Texas United Chemical Company, LLC (Notice of Initiation of Investigation and Interim Measures, November 8, 2023)

hkelly — Tue, 14 Nov 2023 17:56:39 +0000

EAPA Case Number 7814: Texas United Chemical Company, LLC (Notice of Initiation of Investigation and Interim Measures, November 8, 2023) hkelly Tue, 11/14/2023 - 12:56

Publications

EAPA Case Number 7814: Texas United Chemical Company, LLC (Notice of Initiation of Investigation and Interim Measures, November 8, 2023)

Attachment	Ext.	Size	Date
EAPA Case Number 7814: Texas United Chemical Company, LLC (Notice of Initiation of Investigation and Interim Measures)	PDF	305.53 KB	11/14/2023

EAPA Consolidated Case Number 7819: Besttn Industry Inc. (Notice of Initiation of Investigation and Interim Measures, October 31, 2023)

hkelly — Mon, 06 Nov 2023 19:59:12 +0000

EAPA Consolidated Case Number 7819: Besttn Industry Inc. (Notice of Initiation of Investigation and Interim Measures, October 31, 2023) hkelly Mon, 11/06/2023 - 14:59

Publications

EAPA Consolidated Case Number 7819: Besttn Industry Inc. (Notice of Initiation of Investigation and Interim Measures, October 31, 2023)

Attachment	Ext.	Size	Date
EAPA Consolidated Case Number 7819: Besttn Industry Inc.	PDF	261.34 KB	11/06/2023

EAPA Consolidated Case 7785: LDL Trading Company (Notice of Notice of Determination as to Evasion, October 30, 2023)

eric.e.pargeon — Wed, 01 Nov 2023 14:42:47 +0000

EAPA Consolidated Case 7785: LDL Trading Company (Notice of Notice of Determination as to Evasion, October 30, 2023) eric.e.pargeon Wed, 11/01/2023 - 10:42

Publications

EAPA Consolidated Case 7785: LDL Trading Company (Notice of Notice of Determination as to Evasion, October 30, 2023)

Attachment	Ext.	Size	Date
EAPA Consolidated Case 7785: LDL Trading Company (Notice of Notice of Determination as to Evasion, October 30, 2023)	PDF	783.02 KB	11/01/2023

Trade News Snapshot - Volume 5, Issue 8

hkelly — Wed, 01 Nov 2023 13:13:23 +0000

Trade News Snapshot - Volume 5, Issue 8 hkelly Wed, 11/01/2023 - 09:13

EAC's Message

It’s already the middle of autumn and the team at the Office of Trade is as busy as ever focusing on our mission to facilitate legitimate trade, protect consumers, and maintain a level playing field for American businesses. As I’ve said many times before, we cannot do any of this alone. We depend on our partners in industry to get the job done.

One of the ways industry can do its part is by informing U.S. Customs and Border Protection (CBP) of any suspected trade violations. Small- and medium-sized businesses, many at the forefront of American innovation, are all too often threatened by unfair trade practices such as antidumping and countervailing duty evasion, forced labor, and natural resource crimes. Accordingly, it’s crucial that American businesses become comfortable with the tools that empower them to take action against these violations, including CBP’s Trade Violations Reporting Tool. As part of our effort to increase awareness, this month CBP announced a series of free training webinars and resources to help small- and medium-sized businesses navigate the reporting process. By working together against unfair competition, we can make the trade environment stronger, safer, and more prosperous for all.

You can learn more about the new webinars and some of the other activities the Office of Trade led in October below.

~ Executive Assistant Commissioner AnnMarie R. Highsmith

EAC's Message
I. Office of Trade Activity
II. Outreach
III. News You Can Use
Trade Statistics
- Monthly Trade Statistics

I. Office of Trade Activity

CBP offers free webinars to empower businesses to report trade violations

At the 2023 World Korean Business Conference on October 11, CBP announced a series of free webinars designed to empower small and medium-sized businesses to report trade violations that impact their bottom line and the U.S. economy. The webinars will take place quarterly between November 7, 2023 and September 10, 2024. During each webinar, CBP experts will guide businesses through the process of using the Trade Violations Reporting Tool, an accessible platform that simplifies reporting without the need for extensive resources or specialized knowledge. Businesses will learn how to report various suspected violations, from duty evasion to forced labor. These webinars are open to all and will be recorded.

For more details, read the Trade Violations Webinar press release.

CBP's Green Trade Strategy paves the way for sustainable trade

The latest featured article in CBP’s Frontline Magazine offers an exclusive look at the agency’s groundbreaking Green Trade Strategy, a significant step in addressing the urgent challenges of climate change and environmental degradation. Through the Green Trade Strategy, CBP aims to leverage its pivotal role and influence in global supply chains to drive more sustainable trade practices and combat the negative impacts of climate change. The newest article details CBP's commitment to environmental responsibility and the many ways that innovative developments, like the recent renovations at the San Ysidro Port of Entry, are shaping a greener and more resilient trade landscape.

For a closer look, read the Green Trade Strategy article.

Interagency collaboration uncovers $42 million plywood import fraud

On October 19, Florida couple Noel and Kelsy Hernandez Quintana pleaded guilty to conspiring against customs regulations and the Lacey Act, a law that prohibits the trade of illegally sourced plant products, among other things. The couple illegally imported and sold plywood products, evading duties of approximately $42 million. CBP collaborated with Homeland Security Investigations, the U.S. Fish and Wildlife Service, and the Animal and Plant Health Investigation Service to uncover the Quintanas’ intricate scheme, which involved setting up shell companies for plywood imports and making deceptive declarations about product origin and wood type to avoid duties. These actions posed a notable risk to the integrity of the U.S. market by facilitating illegal wood harvesting and selling those goods at prices beneath their market value.

The Quintanas’ sentencing is scheduled for January 12, 2024, at which time they could face forfeiture up to $42 million and years in prison.

For more details, read the U.S. Department of Justice press release.

Interagency investigation unearths export of allegedly stolen dinosaur bones

Following an interagency investigation, four people were charged by a federal grand jury with allegedly purchasing, selling, and exporting over $1 million in paleontological resources, including dinosaur bones illegally removed from federal and state lands in Utah.

CBP collaborated with Homeland Security Investigations and the Bureau of Land Management (BLM) in the investigation by monitoring the import and export activity of the involved individuals and companies. Through this work, CBP identified a suspicious shipment in November 2022, which a joint CBP and BLM physical examination later confirmed to contain fossilized dinosaur bones. The bones were seized and turned over to BLM for further investigation, with continued analytical and investigative support from CBP. The defendants had their initial court appearance on October 19.

For more details, read the U.S. Department of Justice press release.

II. Outreach

DEAC Leonard addresses Transportation Border Summit

On October 17, CBP Office of Trade Deputy Executive Assistant Commissioner (DEAC) John Leonard spoke at the Transportation Border Summit in Washington, D.C. The event, which the Future Borders Coalition hosted, brought together more than 100 officials from industry and government to discuss challenges and innovations in travel and supply chains. In his remarks, DEAC Leonard promoted the 21^st Century Customs Framework initiative, CBP’s Green Trade Strategy, and other customs modernization priorities.

EAC Highsmith urges stronger supply chain collaboration in Silicon Valley

On October 17, CBP Office of Trade Executive Assistant Commissioner (EAC) AnnMarie Highsmith delivered keynote remarks at the Responsible Business Alliance (RBA) Annual Conference in Santa Clara, California. The event gathered over 600 representatives from the federal government, nongovernmental organizations, and the private sector to discuss responsible and modernized business practices. In her remarks, EAC Highsmith emphasized the importance of safe and efficient supply chains and highlighted the value of government-industry partnerships in advancing these goals.

At the conference, EAC Highsmith also participated in a high-level panel discussion with RBA’s Chief Executive Officer Rob Lederer and leaders from the private sector. During the panel, EAC Highsmith described ways that CBP employs regulation and enforcement to eliminate forced labor from supply chains and to incentivize green trade. Notably, she also emphasized that CBP is not just a regulator, but also a partner and facilitator in efforts for more responsible business practices.

Office of Trade releases new recruitment video

In October, CBP’s Office of Trade released its latest recruitment video. The video features perspectives of employees from across the country on the benefits of a career with Trade Regulatory Audit. Among the benefits mentioned were the ability to maintain a great work-life balance while doing meaningful work, as well as the supportive culture throughout Trade Regulatory Audit. The Office of Trade invites any aspiring auditors to explore opportunities to further CBP’s trade mission by joining the team.

View the video on CBP's YouTube Channel.

III. News You Can Use

Trade Statistics

Monthly Trade Statistics

In September 2023, CBP processed more than 2.7 million entry summaries valued at $271 billion, identifying estimated duties of nearly $6.6 billion to be collected by the U.S. government. Trade via maritime environment accounted for more than 41 percent of the total import value, followed by air, truck, and rail. CBP identified 259 entries valued at more than $102 million for further examination based on the suspected use of forced labor, and which may be subject to a Withhold Release Order, Forced Labor Finding, or the Uyghur Forced Labor Prevention Act’s rebuttable presumption prohibiting importation into the United States.

CBP seized nearly 1,658 shipments that contained counterfeit goods valued at more than $177 million had they been genuine.

EAPA Action: Notice of Determination as to Evasion in EAPA Case 7743 - Quartz Surface Products From China

cmelvin — Tue, 31 Oct 2023 19:01:33 +0000

EAPA Action: Notice of Determination as to Evasion in EAPA Case 7743 - Quartz Surface Products From China cmelvin Tue, 10/31/2023 - 15:01

WASHINGTON — On September 12, 2023, U.S. Customs and Border Protection (CBP) issued its determination as to evasion by LTT International Trading Co. (LTT) in Enforce and Protect Act (EAPA) investigation 7743. LTT was suspected of evading 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. CBP found that LTT entered covered merchandise into the United States and evaded the AD/CVD Orders by transshipping the covered merchandise through Taiwan and declaring the entries of Chinese-origin QSP as having a country of origin of Taiwan, resulting in no cash deposits being collected on the merchandise.

In light of these findings, CBP will:

Suspend or continue to suspend the liquidation for all entries imported by LTT, that are subject to EAPA consolidated investigation 7743, and continue suspension until instructed to liquidate these entries.
For those entries previously extended in accordance with the interim measures, CBP will rate adjust and change those entries to type 03 and continue suspension until instructed to liquidate these entries.
CBP will also evaluate the LTT’s continuous bonds in accordance with CBP’s policies and may require single transaction bonds as appropriate.

For additional information on CBP and EAPA, please visit CBP.gov. 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.

EAPA Action: Notice of Determination as to Evasion in EAPA Case 7740 - Quartz Surface Products

cmelvin — Tue, 31 Oct 2023 18:41:06 +0000

EAPA Action: Notice of Determination as to Evasion in EAPA Case 7740 - Quartz Surface Products cmelvin Tue, 10/31/2023 - 14:41

WASHINGTON— On September 18, 2023, CBP issued the notice of determination as to evasion for EAPA case 7740 filed by Cambria Company LLC, against U.S. importer LE North America JV, LLC (LENA) for evasion of the applicable AD/CVD orders A-570-084 and C-570-085 on quartz surface products from China. Specifically, CBP determined that substantial evidence does not support a conclusion that LENA imported Chinese-origin QSP through Thailand via Leta Stone Co., Ltd. (LETA).

Considering CBP’s determination that there is not substantial evidence that LENA entered covered merchandise that had been exported from Thailand into the customs territory of the United States through evasion during the period of this investigation, CBP will reverse any actions taken with respect to entries covered by this investigation. This determination does not preclude CBP or other agencies from pursuing other enforcement actions or penalties as may be appropriate.

For additional information on CBP and EAPA, please visit CBP.gov. 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.

EAPA Case 7711: Pitts Enterprises, Inc. (Final Administrative Determination, September 28, 2023)

hkelly — Fri, 13 Oct 2023 17:26:45 +0000

EAPA Case 7711: Pitts Enterprises, Inc. (Final Administrative Determination, September 28, 2023) hkelly Fri, 10/13/2023 - 13:26

CBP Publication No. 3411-1023

Rulings

EAPA Case 7711: Pitts Enterprises, Inc. (Final Administrative Determination, September 28, 2023)

Accessibility Note

The PDFs from this section of our website may not be fully accessible under Section 508 of the Rehabilitation Act.

If you need assistance regarding an EAPA Final Administrative Determination, send a request to eapafad@cbp.dhs.gov with the subject line "FOIA Disability Accommodations" or call 202-325-0150 (Telecommunications device for the hearing impaired: Please dial 7-1-1 to use relay programs in your area.

Please include your name, phone number and the EAPA Case Number corresponding to the Final Administrative Determination you seek to access. A representative from our office will contact you to address your request for assistance.

Attachment	Ext.	Size	Date
EAPA Case 7711: Pitts Enterprises, Inc. (Final Administrative Determination, September 28, 2023)	PDF	442.54 KB	10/13/2023

Trade Decisions

EAPA Action: Notice of Determination as to Evasion for EAPA Cons Case 7785 – Cast Iron Soil Pipe and Cast Iron Soil Pipe Fittings

EAPA Action: Notice of Investigation and Interim Measures in EAPA Case 7814 - Xanthan Gum from China

EAPA Action: Notification of Initiation of Investigation and Interim Measures in EAPA Cons Case 7819

EAPA Case Number 7814: Texas United Chemical Company, LLC (Notice of Initiation of Investigation and Interim Measures, November 8, 2023)

EAPA Consolidated Case Number 7819: Besttn Industry Inc. (Notice of Initiation of Investigation and Interim Measures, October 31, 2023)

EAPA Consolidated Case 7785: LDL Trading Company (Notice of Notice of Determination as to Evasion, October 30, 2023)

Trade News Snapshot - Volume 5, Issue 8

EAC's Message

Contents

I. Office of Trade Activity

CBP offers free webinars to empower businesses to report trade violations

CBP's Green Trade Strategy paves the way for sustainable trade

Interagency collaboration uncovers $42 million plywood import fraud

Interagency investigation unearths export of allegedly stolen dinosaur bones

II. Outreach

DEAC Leonard addresses Transportation Border Summit

EAC Highsmith urges stronger supply chain collaboration in Silicon Valley

Office of Trade releases new recruitment video

III. News You Can Use

Trade Statistics

Monthly Trade Statistics

EAPA Action: Notice of Determination as to Evasion in EAPA Case 7743 - Quartz Surface Products From China

EAPA Action: Notice of Determination as to Evasion in EAPA Case 7740 - Quartz Surface Products

EAPA Case 7711: Pitts Enterprises, Inc. (Final Administrative Determination, September 28, 2023)

Accessibility Note