EAPA Action: Determination as to Evasion in EAPA Case 7455 - Cast Iron Soil Pipe
WASHINGTON—On February 8, U.S. Customs and Border Protection (CBP) issued its determination as to evasion by Lino International Inc. (Lino) in its Enforce and Protect Act (EAPA) investigation, EAPA Case 7455, into the evasion of antidumping and countervailing duty (AD/CVD) orders for cast-iron soil pipe (soil pipe) from the People’s Republic of China (China). CBP found substantial evidence that Lino evaded AD/CVD orders A-570-062 and C-570-063 by transshipping soil pipe through Cambodia. It failed to properly report these entries and to post the appropriate cash deposits. Furthermore, CBP determined that Lino set up a front company during its investigation to evade CBP’s interim measures.
In light of CBP’s determination that Lino 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 and entries subject to this investigation;
- Rate adjust and change entries subject to this investigation to Entry Type 03;
- 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.
This is one of two evasion determinations issued against Lino on February 8. Information regarding EAPA Case 7454, can be found here. 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.
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