WASHINGTON — On November 7, 2022, U.S. Customs and Border Protection (CBP) issued its determination as to evasion by Big D LLC (Big D), Colorquartz New York Inc. (Colorquartz), Cumberland Cabinet and Design Inc. (Cumberland), Durian Kitchen Depot Inc. (Durian), Flowery Stone Inc. (Flowery Stone), Kat Specialties Inc. (Kat), Kingway Construction Supplier Inc. (Kingway), Nio Kitchen Depot Inc. (Nio), Nomadic Barters Inc. (Nomadic), and Opaly USA LLC (Opaly), as well as several of their doing business as (DBA) names, Artist Kitchen and Stone Inc. (Artist Kitchen), MS Stone Co. Ltd. (MS Stone), and Nio Home Depot Inc. (Nio Home Depot) (collectively referred to as the “Importers”) in Enforce and Protect Act (EAPA) investigation 7657, examining the evasion of antidumping duty (AD) order A-570-084 and countervailing duty (CVD) order C-570-085on quartz surface products from the People’s Republic of China (China). CBP found there was substantial evidence that the Importers had been entering covered merchandise from China that had been transshipped through Malaysia, or been entering covered merchandise from China that had been misclassified as non-covered merchandise.
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 suspend or continue to suspend the liquidation for all entries imported by the Importers, that are subject to EAPA consolidated investigation 7657, 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 Importers’ continuous bonds in accordance with CBP’s policies and may require single transaction bonds 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.
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