The Enforce and Protect Act (“EAPA”) was enacted in 2016 and provides a mechanism for U.S. Customs and Border Protection (CBP) to investigate allegations of ADD/CVD evasion. These cases normally begin when a domestic competitor submits confidential information to CBP alleging that products have been imported without paying the correct amount of ADD/CVD. Complaints may allege transshipment, failure to declare that goods fall within the scope of an ADD/CVD Order, or the payment of inaccurate ADD/CVD.

Expertise in both the Customs and ADD/CVD practice areas is required to successfully resolve these matters. GDLSK’s Customs and Trade groups work collaboratively in EAPA investigations.

EAPA cases begin at CBP. After a complaint is filed, CBP will notify the foreign exporter and U.S. importer, who will be provided with the opportunity to establish that there has been no violation. Defenses to EAPA claims normally require the co-operation of foreign vendors and the submission of voluminous documents to CBP within stringent time limits. In certain cases, CBP will refer the matter to the DOC for advice as to whether the goods are subject to ADD/CVD and at what rate.

GDLSK has represented clients in multiple EAPA investigations.