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  3. CBP and the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA)
  4. Enforce and Protect Act (EAPA)
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  6. EAPA Action: Determination as to Evasion in EAPA Case 7348 - Aluminum Extrusions

EAPA Action: Determination as to Evasion in EAPA Case 7348 - Aluminum Extrusions

WASHINGTON—On November 2, U.S. Customs and Border Protection (CBP) issued its determination as to evasion against Florida Aluminum Extrusion, LLC (Florida Aluminum), Hialeah Aluminum Supply, Inc. (Hialeah Aluminum), and Global Aluminum Distributor, LLC (Global Aluminum) (collectively, the Importers) in its Enforce and Protect Act (EAPA) investigation, EAPA Case 7348, into the evasion of antidumping and countervailing duty (AD/CVD) orders for aluminum extrusions from The People’s Republic of China (China). CBP found substantial evidence that the Importers evaded AD/CVD orders A-570-967 and C-570-968 by transshipping the merchandise through the Dominican Republic. The Importers did not declare that the merchandise was subject to AD/CVD orders upon entry and no cash deposits were collected on the merchandise. As a result, the Importers evaded a significant amount of AD/CVD duties owed to the U.S. Government.

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 continue to:

  • Suspend liquidation of unliquidated entries already suspended under this investigation;
  • Rate adjust and change to Entry Type 03 entries subject to this investigation and suspend liquidation;
  • 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 aluminum extrusions meeting the evasion criteria, requiring the importer to submit proper documentation and all duties prior to release of the merchandise; and
  • Require single transaction bonds, as appropriate, and evaluate the sufficiency of the importer’s continuous bonds.

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.

Last Modified: December 16, 2020