New House Bill Would Have CBP Investigate Evasion of AD/CV Duty Orders

(World Trade Interactive)

Legislation introduced Dec. 20 in the House of Representatives seeks to prevent the circumvention of antidumping and countervailing duty orders by giving U.S. Customs and Border Protection the authority to investigate claims of evasion by foreign manufacturers. Currently the Department of Commerce, which administers all AD and CV duty orders, is responsible for conducting anti-circumvention reviews. Similar legislation (S. 3725) was introduced in the Senate in August by Sens. Ron Wyden, D-Ore., and Olympia Snowe, R-Maine.

According to a joint press release from Reps. Linda Sanchez, D-Calif., Walter Jones, R-N.C., and Mark Critz, D-Pa., the Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act (H.R. 6549) would allow domestic producers to petition CBP for investigations of possible AD/CV duty evasion. CBP would then have to initiate an investigation within ten days, issue a preliminary determination within 60 days and make a final determination within an additional 120 days. CBP could use adverse inferences for those parties that do not cooperate.  Read more here.


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