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EAPA Enforcement Process
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EAPA Enforcement Process
Bloomberg Import

EAPA Enforcement Process

Jennifer Diaz was recently published in Bloomberg Law!

Reproduced with permission. Published October 2026. Copyright © 2026 The Bureau of National Affairs, Inc. EAPA Enforcement Process. For further use, please contact permissions@bloombergindustry.com.

Editor’s Note: The Enforce and Protect Act has become an important enforcement mechanism for US Customs and Border Protection in cases involving alleged evasion of antidumping and countervailing duty orders. Enacted in 2016 as part of the Trade Facilitation and Trade Enforcement Act, EAPA established a formal process for CBP to investigate allegations made by interested parties that covered merchandise entered the US through evasion of AD/CVD duties.

For importers, EAPA risk extends beyond an eventual determination that additional duties are owed. CBP can impose significant interim measures while an investigation remains pending, and an affirmative evasion determination can lead to additional civil or criminal enforcement. Understanding the EAPA process and addressing potential AD/CVD exposure before goods enter the US is an important part of import compliance.

By Jennifer Diaz, Diaz Trade Law

CBP Investigations

The Department of Commerce and CBP play distinct roles in administering US AD/CVD laws. Commerce determines the scope of AD/CVD orders and establishes applicable duty rates. CBP is responsible for collecting those duties and enforcing the orders at the border.

EAPA, codified at 19 U.S.C. § 1517, gives CBP specific authority to investigate allegations that importers have entered merchandise subject to […]

By Jennifer Diaz|2026-10-20T18:10:25-04:00October 20, 2026|Bloomberg Import|0 Comments

IEEPA Refund Class Certified: Why Importers With Significant Phase 3 Refunds Should Still File Their Own Suit
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IEEPA Refund Class Certified: Why Importers With Significant Phase 3 Refunds Should Still File Their Own Suit
tariffs, U.S. Customs and Border Protection (CBP)

IEEPA Refund Class Certified: Why Importers With Significant Phase 3 Refunds Should Still File Their Own Suit

By Jennifer Diaz and David Craven | October 2026

On October 8, 2026, the U.S. Court of International Trade certified a nationwide class of importers of record that paid IEEPA duties and have not filed their own refund lawsuits, in Freestyle World, Inc. v. CBP, Ct. No. 26-01088. Certification does not issue refunds, and class members do not have access to CAPE Phase 3, which CBP opened on October 6 for finally liquidated entries of importers holding their own court orders. Importers with significant refunds on finally liquidated entries should weigh filing their own case now rather than waiting on the class.

Key Takeaways

On October 8, 2026, the U.S. Court of International Trade (CIT) certified a class of importers of record that paid IEEPA duties between February 1, 2025, and February 19, 2026, excluding any entity that separately filed its own refund action.
Class certification is not a refund order. The CIT has not entered classwide relief, and further proceedings are pending.
CBP deployed CAPE Phase 3 on October 6, 2026, for finally liquidated entries of importers that filed suit and hold court orders directing reliquidation. Class members do not currently have Phase 3 access through the class.
As of October 19, 2026, the government had not appealed the class […]

By Jennifer Diaz|2026-10-29T09:56:53-04:00October 19, 2026|tariffs, U.S. Customs and Border Protection (CBP)|0 Comments

Breaking Trade News: CBP Informal Entry Deadline Extended, 60 Month Prison Sentence for Export Violations
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Breaking Trade News: CBP Informal Entry Deadline Extended, 60 Month Prison Sentence for Export Violations
news, Snapshot

Breaking Trade News: CBP Informal Entry Deadline Extended, 60 Month Prison Sentence for Export Violations

This week’s recap of the latest customs and international trade news:

U.S. Customs and Border Protection (CBP)

CBP announced the extension of the compliance date for new informal entry procedures for international mail from Oct. 22, 2026, to Jan. 20, 2027.
CBP officers in Indianapolis intercepted a shipment containing 300 counterfeit Audemars Piguet watches. Had these items been genuine, the shipment would have had a combined manufacturer’s suggested retail price of $12 million.
CBP announced email or text message verification will be required for Automated Clearinghouse refund information changes made in ACE starting Oct. 10.

Department of Justice (DOJ)

DOJ announced that a Bosnian national was sentenced to 60 months in federal prison after pleading guilty to export and sanctions violations involving an attempted transaction for North Korean anti-aircraft missiles.

Federal Maritime Commission (FMC)

The FMC is proposing fees on all Spanish-flagged vessels after an investigation revealed the government of Spain created unfavorable shipping conditions for U.S.-flagged vessels.
The FMC published its latest Ocean Transportation Intermediary (OTI) license applicant update, identifying companies seeking new ocean freight forwarder and NVOCC licenses, […]

By Jennifer Diaz|2026-10-16T17:00:58-04:00October 16, 2026|news, Snapshot|0 Comments

U.S. Government Continues to Signal Sanctions Enforcement as a Priority: Three Recent Cases
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U.S. Government Continues to Signal Sanctions Enforcement as a Priority: Three Recent Cases
U.S. Department of Justice (DOJ), U.S. Office of Foreign Assets Control (OFAC)

U.S. Government Continues to Signal Sanctions Enforcement as a Priority: Three Recent Cases

The U.S. government continues to demonstrate its commitment to enforcing sanctions and export control laws, with three recent announcements from the Department of Justice (DOJ) and the Department of the Treasury’s Office of Foreign Assets Control (OFAC) highlighting the risks businesses and individuals face when compliance obligations are overlooked.

Between October 9 and October 14, 2026, federal authorities announced a five-year prison sentence involving North Korean sanctions violations, a settlement with an international freight forwarding company, and an $11.6 million settlement with one of the nation’s largest banks.

Although the cases involve different industries and circumstances, they reinforce a common message: sanctions enforcement extends across the global supply chain.

DOJ: Five-Year Prison Sentence for North Korean Sanctions Violations

On October 14, 2026, DOJ announced that Sasa Micev, a Bosnian national and international arms dealer, was sentenced to 60 months in federal prison after pleading guilty to violations of the International Emergency Economic Powers Act (IEEPA) and North Korean Sanctions Regulations.

According to DOJ, Micev conspired with others to broker the purchase of North Korean SA-18 Igla portable surface-to-air missiles without the required authorization from OFAC. The scheme involved discussions about pricing, efforts to obtain the weapons using falsified documentation, and a meeting in Turkey to complete the transaction. The proposed sale ultimately fell through following a pricing dispute.

OFAC: Freight Forwarder Agrees to $175,015 Settlement

On October 9, 2026, OFAC announced a $175,015 settlement […]

By Jennifer Diaz|2026-10-15T17:10:37-04:00October 15, 2026|U.S. Department of Justice (DOJ), U.S. Office of Foreign Assets Control (OFAC)|0 Comments

Commerce Defines “U.S. Content” for USMCA Steel and Aluminum Articles Under Proclamation 11032
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Commerce Defines “U.S. Content” for USMCA Steel and Aluminum Articles Under Proclamation 11032
U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP)

Commerce Defines “U.S. Content” for USMCA Steel and Aluminum Articles Under Proclamation 11032

On October 14, 2026, the Bureau of Industry and Security (BIS) published a Federal Register notice defining “U.S. content” for products of Canada and Mexico that qualify for preferential tariff treatment under the United States-Mexico-Canada Agreement (USMCA), for purposes of the Section 232 duties under clause (2)(d) of Proclamation 11032. The guidance is effective for products entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Time on October 14, 2026. Importers of Canadian and Mexican aluminum and steel articles listed in Annex I-C to the Proclamation, and the customs brokers and filers who prepare their entries, should review how they value U.S. content before their next entry.

Key Takeaways

BIS defines U.S. content in two parts: (1) the value attributable to parts wholly obtained, entirely produced, or substantially transformed in the United States; and (2) to the extent not otherwise accounted for in part (1), the value attributable to steel melted and poured, aluminum smelted and cast, and/or copper smelted and cast in the United States.
The guidance applies to entries on or after 12:01 a.m. Eastern Time on October 14, 2026.
Under clause (2)(d), the 25 percent duty applies only to the non-U.S. content of USMCA-qualifying Annex I-C articles of Canada and Mexico, and the total effective duty may not be […]

By Jennifer Diaz|2026-10-15T17:04:23-04:00October 15, 2026|U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP)|0 Comments

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