Published August 18, 2017 by

CBP Update on “Reasonable Suspicion” under Enforce and Protect Act of 2015

CBP announced various findings with respect to suspected antidumping duty evasion under Enforce and Protect Act of 2015 (“EAPA”), a law which offers parties (allegedly) injured by imports of merchandise subject to antidumping/countervailing (ADD/CVD) duty evasion to ask CBP for a help.  Pursuant to EAPA, which is part of Trade Facilitation and Trade Enforcement Act of 2015, CBP promulgated a new part under Title 19: Part 165 – Investigation of Claims of Evasion of Antidumping and Countervailing Duties.  These findings are under case numbers 7191, 15135/7175, 7184, 7189. Findings dealt with investigations of alleged evasions of wire garment hangers and diamond saw blades and should be a must read literature for importers dealing with antidumping/countervailing duties because importers that deal high risk ADD/CVD merchandise are introduced into investigation process by CBP.  In turn, knowledge of process, can help importers to mitigate possibility of “fire and fury” under EAPA. One of the things that CBP will look for is a sign of transhipment of ADD/CVD merchandise through non-ADD/CVD territory.  As a part of investigation, CBP will focus on Shipper/Manufacturer.   CBP will review individuals who have a stake in ownership of the legal entity or entities, and whether any of these…

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Product Regulation U.S. Federal Agencies

Antidumping Customs and Border Protection Inspection

Published August 4, 2008 by

CBP Border Searches of IT Equipment

The guidelines instruct CBP officers to seek assistance from other Federal agencies or entities in Translation and Decryption matters. This may take to mean that the individual subject to search is not obligated to provide translation and decryption assistance to CBP. Therefore, if a CBP officer requests you to provide a password in order to log in and inspect you PC, that person may advise the officer to follow the instructions in the guidelines and request decryption services from other Federal agencies or entities. The guidelines do not require CBP officer to have “individualized suspicion” in order to seek translation or decryption. The guidelines instruct the completion of the search in the “reasonable time” and “as expeditiously as possible.” The time is capped at 15 days with possible 7 day extensions if necessary. The guidance provides exemptions for “sealed letter class mail” (must be in the postal system, and the warrant is required), and attorney-client privileged material. In order to invoke the privilege, an individual must assert that claim. Although guidance states that legal materials are “not necessarily exempt,” it nevertheless instructs CBP officer to seek advice from the Associate / Assistant Chief Counsel or the appropriate U.S. Attorney’s office…

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U.S. Federal Agencies

Customs and Border Protection Inspection