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 indicated that he intends to sign the final bill into law. This comprehensive legislation includes the Enforce and Protect Act of 2015, which creates a new division and procedures in U.S. Customs & Border Protection (CBP) to combat the evasion of antidumping (AD) and countervailing duty (CVD) orders. King & Spalding actively sought the passage of, and provided significant input into, the Enforce and Protect Act during the years from introduction to final enactment.

The Enforce and Protect Act targets and addresses evasion of AD and CVD orders when covered merchandise is entered into the United States by reason of any “material and false” statement or omission that “results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.”