Official website of the Department of Homeland Security
Printer-friendly versionThe 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.
Notices of Action
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.
Legal References
- 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
- Requests for Administrative Review
Filing an EAPA Allegation
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:
Information Notice
Quick Reference Guide (QRG)
Recorded Demonstration
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. IF YOU HAVE ANY COMMENTS REGARDING THE BURDEN ESTIMATE YOU CAN WRITE TO U.S. CUSTOMS AND BORDER PROTECTION, 90 K STREET, NE, 10th FLOOR, WASHINGTON D.C. 20229.
DHS Privacy Act Statement:
e-Allegations Submissions Form Privacy Act Statement:
Pursuant to 5 U.S.C. § 552a(e)(3), this Privacy Act Statement serves to inform you of why DHS is requesting the information on this form.
AUTHORITY:
CBP is authorized to collect the information requested on this form pursuant to DHS’s complex regulations to support law enforcement and trade missions and of which are derived from department regulations 5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101; and from a wide spectrum of federal statutes supporting immigration, customs, treasury, and agriculture, including: 8 U.S.C. Aliens and Nationality: 1221, Lists of Alien and Citizen Passengers Arriving and Departing; 1321, Prevention of Unauthorized Landing of Aliens; 1322, Bringing in Aliens Subject to Denial of Admission on a Health-Related Ground, Persons Liable, Clearance Papers, with Exceptions; “Person” Defined; 1323, Unlawful Bringing of Aliens into United States; 1324, Bringing in and Harboring Certain Aliens; 1324a, Unlawful Employment of Aliens; 1324b, Unfair Immigration-Related Employment Practices; 1324c, Penalties for Document Fraud; 1324d, Civil Penalties for Failure to Depart; 1325, Improper Entry by Alien; 1326, Reentry of Removed Aliens; 1327, Aiding or Assisting Certain Aliens to Enter; 1328, Importation of Alien for Immoral Purpose. 8 CFR Parts 270, Penalties for Document Fraud; 274, Seizure and forfeiture of Conveyances; and 280, Imposition and Collection of Fines. The Customs Laws include: 18 U.S.C. 542, Entry of Goods by Means of False Statements; 545, Smuggling Goods into the United States; and 19 U.S.C. 66, Rules and forms Prescribed by Secretary; 1436, Penalties for Violations of Arrival, Reporting, Entry, and Clearance Requirements; 1497, Penalties for Failure to Declare; 1509, Examination of Books and Witnesses; 1592, Penalties for Fraud, Gross Negligence, and Negligence; 1593a, Penalties for False Drawback Claims; 1594, Seizure of Conveyances; 1595a, Forfeitures and other Penalties; 1618, Remission or Mitigation of Penalties; 1619, Award of Compensation to Informers; 1624, General Regulations; and 1703, Seizure and forfeiture of Vessels. 19 CFR (U.S. Customs and Border Protection, Department of Homeland Security; Department of The Treasury) Parts 1623, Bonds and Other Security; 171, Fines, Penalties, and forfeitures; and 172, Claims for Liquidated Damages; Penalties Secured By Bonds. The Agriculture Laws, including 7 U.S.C. 8303, Restriction on Importation or Entry; 8304, Exportation; and 8307, Inspections, Seizures, and Warrants.
PURPOSE:
CBP is requesting this information as part of trade allegations covered by the SEACATS System of Records Notice (SORN) (DHS/CBP-013). Records maintained pursuant to the SEACATS SORN are used to: document individuals and businesses who violated, or are alleged to have violated, Customs, immigration, agriculture, and other laws and regulations for enforcement to be administered by CBP or its partner government agencies (PGA); and for the collection and maintenance of records of individuals who have provided assistance with respect to identifying or locating individuals who have or are alleged to have violated Customs, immigration, agriculture, and other laws and regulations enforced or administered by CBP and its PGAs. SEACATS specifically permits the collection of information about current and former violators and those alleged or otherwise suspected of violations of Customs, immigration, agriculture, or other laws and regulations administered or enforced by CBP, and related parties involved in, or affected by, an inquiry concerning the violation of Customs, immigration, agriculture, or other law enforced or administered by CBP and its PGAS.
ROUTINE USES:
The information requested on this form may be shared externally as a “routine use” to other government agencies, and foreign law enforcement partners to assist the Department as part of the investigatory or analysis process of the trade allegations and to take a trade enforcement action, generate trade intelligence records, or both. A complete list of the routine uses can be found in the system of records notice associated with this form, “Department of Homeland Security/CBP-013.” The Department’s full list of system of records notices can be found on the Department's website at http://www.dhs.gov/system-records-notices-sorn.
CONSEQUENCES OF FAILURE TO PROVIDE INFORMATION:
Providing this information to CBP is voluntary. Failure to provide information related to an allegation may result in CBP from effectively carrying out its missions for reducing costs for industry and enforcing trade laws against counterfeit, unsafe, and fraudulently entered goods, or for enabling legitimate trade to protect against risks to public health and safety. Failure to provide your contact information, may prevent CBP from carrying out its obligations under 19 U.S.C. 1619, Award of Compensation to Informers.
