Customs and Border Protection Countervailing Duties

News & Analysis as of

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

Customs and Border Protection Issues Update of Enforcement Activities Related to Trade Orders

U.S. Customs and Border Protection (CBP) issued its first "AD/CVD Update" in December 2014. The AD/CVD Update provides information regarding CBP's activities to collect antidumping (AD) and countervailing duties (CVD) from...more

Solar Installer Alert: USITC Holds Final Phase Public Hearing in Chinese and Taiwanese Solar CSPV Panels Import Injury...

On December 8, 2014, Oregon Senator Ron Wyden testified on behalf of some U.S. solar cell manufacturers at a public hearing of the U.S. International Trade Commission (USITC). The USITC scheduled the hearing as part of its...more

CBP “Reliquidates” Deemed Liquidation Statute

Recently, U.S. Customs and Border Protection (CBP) took a new, creative tack in a long struggle with importers regarding application of the “deemed liquidation” statute, 19 U.S.C. § 1504, to entries subject to antidumping and...more

Electrical Steel Investigations Advance

Two important electrical steel trade cases are advancing after affirmative preliminary determinations by the U.S. International Trade Commission (ITC) and the Department of Commerce (Commerce). The first case involves imports...more

U.S. Department of Commerce Imposes Preliminary Tariffs on Chinese Solar Products

On June 3, 2014, the U.S. Department of Commerce (DOC) announced its preliminary determination in the countervailing duty (CVD) investigation of crystalline silicon photovoltaic products (“solar products”) from China. DOC...more

U.S. Department of Commerce Sets Stage for New Countervailing Duties on Chinese Solar Panels

The U.S. Department of Commerce (DOC) announced its preliminary determination that countervailable subsidies are being provided to producers and exporters of certain crystalline silicon photovoltaic products (Products) from...more

A Peek Around the Curtain: A False Claims Act Settlement for Avoiding Customs Charges

On November 14, 2013, the U.S. Department of Justice announced a False Claims Act settlement with Basco Manufacturing Company, a maker of shower enclosures, for $1.1 million related to misstatements on U.S. Customs and Border...more

US China Trade War–Developments Trade, Customs, Patents, US/China Antitrust And Securities

There have been some major developments in the trade, Customs fraud, patents, US/Chinese antitrust, and securities areas. I have just returned from a trip of more than 2 weeks in China. While in China, we discussed US...more

Cannot Say Enough – Customs' Enforcement Efforts – Antidumping And Countervailing Duty Laws

In September 2011 we published an article entitled Enforcement of Antidumping and Countervailing Duties – Know the Products You Import. ...more

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

The False Claims Act may furnish a powerful new tool for U.S. producers that believe their foreign competitors are evading antidumping/countervailing duty or other customs duties by misclassifying imports or misrepresenting...more

Evading Duties Can Be Costly To Importers, But Lucrative For Others

The U.S. Department of Justice ("DOJ") recently announced that a Japan-based company, Toyo Ink SC Holdings Co. Ltd., and various affiliated entities, have agreed to pay $45 million plus interest to settle allegations that...more

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