The Arena of EAPA: Transshipping, Pencils, and Evading Duties

Customs and Border Protection (CBP) investigates allegations of dumping or unfair foreign subsidies, but they also have the authority to investigate potential violations of any imposed Anti-Dumping or Countervailing Duties (AD/CVD) under the Enforce and Protect Act (EAPA) of 2015.

Customs describes EAPA as a “multi-party, transparent, administrative proceeding where parties can both participate in and learn the outcome of the investigation. It also maintains due process for parties to the investigation by providing an option for them to request administrative and judicial reviews of CBP’s determination as to evasion.” Self-assertions of transparency and due process aside, many have found EAPA cases to be highly secretive and not always fair.

Frequently, an EAPA case involves an allegation that Chinese goods are allegedly transshipped through another country (or only subject to minor processing) to avoid paying AD/CVD duties. Since AD/CVD duties are applicable based upon the commodities country of origin, nefarious companies can ship goods from China to for example, Vietnam, India, Mexico, Taiwan, Malaysia, or some other country, and claim that these goods do not originate from China after all. Importers, in good faith, will declare that their imports are not subject to AD/CVD duties because they are not aware of the true origin of the goods. Such importers might not be liable for penalties if their belief was in good faith and based on facts, but such importers would still be subject to massive duties. Thus, contrary to popular option, good/honest importers may also find themselves the recipient of […]

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade news:       

Customs and Border Protection (CBP)  

  • Operational update for Port of Baltimore: CBP said ocean carriers originally planning to unload at the Port of Baltimore must proceed to another U.S. port in the aftermath of the Francis Scott Key Bridge collapse on March 26. 
  • CBP published a federal register notice that makes changes to the Global Entry and SENTRI programs. Highlights: 
    • The Global Entry fee will be increased from $100 to $120 
    • The total SENTRI fee will be decreased from $122.25 to $120. 
    • Fee exemption for certain minors 
  • At the Trade Facilitation and Cargo Security Summit, CBP provided attendees with a handout which asks importers and customs brokers: “Do You know Your Supply Chain?” 
  • CBP published an updated version of the ACE Entry Summary Business Rules and Process Document, Version 12.0. The publication includes updates on: 
    • Entry summary 
    • Blanket declarations 
By |2024-04-05T11:26:02-04:00April 5, 2024|Snapshot|0 Comments

FDA Unveils Searchable Tobacco Products Database to Bolster Compliance and Transparency

Last week, FDA’s Center for Tobacco Products (CTP) announced the release of its Searchable Tobacco Products Database. This tool provides easy access to a list of legally marketable tobacco products within the United States, integrating a user-friendly design with sophisticated search functionalities, making navigation and information retrieval very easy. The FDA has committed to monthly updates, ensuring the availability of current and accurate product information.

FDA categorizes listed tobacco products into three groups:

  1. New Tobacco Products: products that have successfully navigated through one of the FDA’s pathways for new tobacco product market authorization.
  2. Pre-existing Tobacco Products: Identified through a voluntary determination program, these products were commercially available as of February 15, 2007.
  3. Provisional Tobacco Products: that have been withdrawn from the FDA review process.

The database fosters enhanced transparency that aligns with the needs particularly of retailers, to empower stakeholders to better meet regulatory requirements. It encompasses nearly 17,000 tobacco products, including more than 12,000 Pre-existing Tobacco Products category. The database provides detailed information for each listed product, including the product name, manufacturer, categorization, the statutory or regulatory basis for its marketability in the U.S., and the specific date of the FDA’s decision. It also provides access to an array of regulatory and scientific documents associated with the tobacco product application, including Order Letters, Decision Summaries, Environmental Assessments (EAs), and their related documentation.

FDA has also introduced a supplementary resource, the Searchable Tobacco Products Database – Additional Information, designed to demystify the terminology and contextual background of the database […]

Customs and Trade News Weekly Snapshot

Foremost, our hearts are with those affected by the Francis Scott Key Bridge collapse in Baltimore. This sobering event serves as a poignant reminder of the fragility inherent in our robust trade and transportation systems. In these trying times, we are deeply grateful for the unsung heroes who tirelessly work behind the scenes, ensuring the continuity of global trade. 

 Customs and Border Protection (CBP)  

  • CBP released the February 2024 monthly operational update. Highlights: 
    • Processed more than 2.6 million entry summaries 
    • Identified $6.5 billion to be collected  
    • Stopped 540 shipments for further examination based on suspected use of forced labor 
    • Issued 6,622 emergency action notifications for restricted and prohibited plant and animal products entering the United States  
  • CBP announced a partnership with the Food and Drug Administration (FDA) to expand the focus of the Global Business Identifier (GBI) Test. 
    • The expanded test will explore how identifiers could be leveraged to enable coordination and harmonized decision making across the U.S. government. 
  • Officers in Cincinnati recently seized […]
By |2024-03-29T15:49:18-04:00March 29, 2024|Snapshot|0 Comments

UFLPA Enforcement Update

At CBP’s 2024 Trade Facilitation and Cargo Security Summit (“the Summit”) this week, panelists shared some pending developments in Uyghur Forced Labor Prevention Act (“UFLPA”) enforcement. The UFLPA establishes a rebuttable presumption that the importation of any goods mined, produced, or manufactured, wholly or in part, in the Xinjiang region of China, or produced by an entity on the UFLPA Entity List, is prohibited under U.S. forced labor law.

Panelists indicated that “more than 10” new entities would be placed on the Entity List in the coming months. The government has received criticism regarding the relatively low number of entities on the Entity List since the UFLPA was enacted in June 2022. While “more than 10” is still a relatively low number, given that the current Entity List is comprised of just 30 entities, ten-plus new entities would represent a significant increase.

Panelists also announced that new high-priority sectors for UFLPA enforcement would be identified in the near future. Currently, only cotton, tomatoes, and polysilicon are officially listed as high-priority sectors. Panelists re-affirmed that the Forced Labor Enforcement Task Force (“FLETF”) – an interagency team led by the Department of Homeland Security – uses reports from Non-Government Organizations (NGOs), reporting from journalists, letters from Congress, and other sources to identify additional potential high-priority sectors. Panelists also appeared to agree that polyvinyl chloride (“PVC”), fish, and aluminum – sectors that have recently been tied to Uyghur forced labor in NGO and media reporting – were likely candidates for designation as high-priority […]

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