We are writing to let you know that US Customs and Border Protection (CBP) is continuing to place significant emphasis on antidumping/countervailing duty enforcement. For many years, AD/CVD enforcement has been a top priority for CBP, and statistics from FY 2015 indicate that this trend is continuing. Last year, CBP identified $29 million in AD/CVD noncompliance, and imposed $45.5 million in penalties on imports of steel products alone. The agency conducts enforcement activities through a combination of targeted inspections and entry summary reviews, but also reports increased involvement on the part of the Centers for Excellence and Expertise (CEEs), as well as collaboration with the private sector. CBP increasingly looks to the domestic industry protected by AD/CVD orders to educate CBP officials and to monitor the marketplace for instances of potential noncompliance.
It also bears noting that the stakes are growing for companies which intentionally seek to evade lawful antidumping and countervailing duties. The Customs Reauthorization Bill (which was finally passed by Congress today—more on this later) includes significant substantive provisions targeting AD/CVD evasion.
In light of all this, we recommend that importers periodically review the orders that are in effect to ensure that in-scope merchandise has not gone unnoticed—particularly for some of the wider ranging orders, such as those on aluminum extrusions and various steel products.
If you would like to review a summary of the products and countries covered by current AD/CVD orders, just let us know—we are happy to forward a summary chart.