Anti-Dumping Duty Customs and Border Protection

News & Analysis as of

Trade & Manufacturing - April 2016

President’s Trip to Cuba Accompanied by Expanded Treasury and Commerce Regulations - On March 20, President Obama arrived in Cuba for an historic visit, marking a significant step in the Obama Administration’s efforts to...more

Commerce Finds Dumping Of Hot-Rolled And Cold-Rolled Steel Imports

In March, the U.S. Department of Commerce (Commerce) announced its affirmative preliminary determinations in antidumping (AD) investigations involving certain hot-rolled and cold-rolled steel products. The hot-rolled AD...more

Enactment of New Law Means Increased Duty Evasion Investigations by Customs

On February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). One on the provisions of the TFTEA significantly enhances the U.S. government’s ability to combat duty evasion for...more

CBP Ramps Up Enforcement Efforts With “Live Entry” Requirements for Steel Imports Subject to AD/CVD Orders

Customs and Border Protection (CBP) recently initiated a new effort to enforce and deter duty evasion on imports of steel products subject to antidumping (AD) and countervailing duty (CVD) orders. The new “live entry”...more

Commerce to Require Certifications on Some Aluminum Extrusions to Prevent Duty Evasion

The Department of Commerce (“Commerce”) has maintained antidumping duties (“AD”) and countervailing duties (“CVD”) on aluminum extrusions from China since the fall of 2010. Although the combined AD/CVD rates have varied over...more

President Signs Customs Reauthorization Act

On February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 (“the Act”) into law. The president hailed the Act as a way to strengthen U.S. trade enforcement, combat evasion of...more

US Customs Bill Addresses Trade Remedy Enforcement, IPR Protection and US Trade Agreements

On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act ("the Act"), which covers, inter alia, US trade remedy law enforcement, intellectual property rights (IPR) protection by...more

New Customs Bill Becomes Law

On February 24, 2016, H.R. 644 was signed into law by the President. While yet another trade-related bill was signed without any public ceremony, this new law contains a number of timely provisions. The first section deals...more

Congress Approves Customs Bill

On February 24, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644), which the Senate had passed earlier in February by a 75-20 vote and the House passed in December 2015 by a...more

Congress Passes the Customs Reauthorization Bill

Last week the U.S. Congress passed the Trade Facilitation and Trade Enforcement Act of 2015, also known as the Customs Reauthorization Bill. The Bill, which we expect to be signed by the President, will update U.S. Customs...more

Customs Bill Strengthens Trade Enforcement

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote. After passing the House of Representatives in December 2015, Senate action was delayed after a...more

Senate Passes Enforce And Protect Act Of 2015 Creating A New Avenue To Combat Evasion Of AD/CVD Duties

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote, which previously passed the House on December 11, 2015 by a 256-148 vote. President Obama has...more

New U.S. Trade Law Exposes Importers to Duty Evasion Allegations and Targets Currency Manipulation, Among Other Changes

This week Congress amended U.S. customs law to create new risks and opportunities for companies importing goods into the United States. Most significantly, the Trade Facilitation and Trade Enforcement Act (TFTEA) will...more

Senate Passes Trade Facilitation And Trade Enforcement Act - Comprehensive Customs bill addresses several key topics

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote. Today’s action constitutes acceptance by the Senate of a conference agreement reached by House and...more

Federal Court Sets Strict Standards for Bringing Customs Penalty Cases

In United States v. Nitek Electronics, Inc., decided December 1, 2015, the U.S. Court of Appeals for the Federal Circuit upheld a U.S. Court of International Trade decision that limited the government’s powers in seeking to...more

Exercise Extra Care When Importing Goods Subject to Antidumping and Countervailing Duties

Importing goods into the United States can provide risks. As the importer of record, the importer is solely responsible for the payment of all duties and taxes due on the imported merchandise, which includes the payment of...more

And Up to Twenty Years in Prison: The Criminalization of US Customs Violations

The United States’ traditional reliance on only civil penalties against trade violators is changing. During the past several years, the US government has increasingly brought criminal charges against alleged violators, both...more

US CHINA TRADE WAR JULY 2015 TPA, TPP, TRADE POLICY, TRADE AND CUSTOMS

Because of the substantial activity in May, June and July with the passage of Trade Promotion Authority (“TPA”) and the ongoing Trans Pacific Partnership (“TPP”) negotiations, this blog post is being split into two parts. ...more

California Fresh Garlic Producers Crack Chinese Scheme to Avoid Dumping Duties

On June 15th, the Department of Commerce (“Commerce”) issued the final results in the 19th Administrative Review of the antidumping order on fresh garlic from the China. During the review, Kelly Drye attorneys, on behalf of...more

Department of Commerce Issues Preliminary Countervailing Duty Determinations on Uncoated Paper From China and Indonesia

For your information, the U.S. Department of Commerce (DOC) has issued preliminary countervailing duty (CVD) determinations on certain uncoated paper from China and Indonesia. ...more

Trade & Manufacturing Alert - April 2015

In This Issue: - Made in America: U.S. Manufacturing and the President's 2015 Trade Policy Agenda - Congressional Action Allowing Commerce to Retroactively Apply the Subsidy Law to Exports From China Survives a...more

Trade & Manufacturing - News of Note - March 2015

Customs and Border Protection Issues Update on Enforcement of Trade Orders - U.S. Customs and Border Protection (CBP) released its second AD/CVD Update in late January. As explained in the January 2015 edition of the...more

Add Importers to Those Facing Expanding Whistleblower Claims under the False Claims Act

On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States under the False Claims Act (FCA)...more

CBP Holds “Misidentified” Importer Liable for 216% of Antidumping Duties

In late 2014, U.S. Customs and Border Protection denied an importer of record’s protest that claimed that it was incorrectly held liable for the payment of antidumping duties assessed on furniture from the People’s Republic...more

D.C. Circuit Affirms Dismissal of FCA Claims Based on Avoidance of Customs Duties

In United States ex rel. Doe v. Staples, Inc., the Court of Appeals for the District of Columbia Circuit recently affirmed the dismissal of claims alleging that three major office retail suppliers falsely declared to U.S....more

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