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AD/CVD

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New Antidumping Petition Against Imports of Certain Honey Products

posted by Jennifer Diaz April 22, 2021 0 comments

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.

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Anti-Circumvention, EAPA, Dumping Duties & the Spreadability of Cases

posted by Jennifer Diaz April 19, 2021 0 comments

This one-hour webinar will provide an overview of AD/CVD, U.S. Customs and Border Protection’s enforcement actions and investigative process, as well as a review of EAPA regulations and provide insights on best practices to protect your company in this contentious area of U.S. Customs and Border Protection enforcement.

Background on EAPA

The Enforce and Protect Act of 2015 (EAPA) allows U.S. Customs and Border Protection (“CBP”) to investigate whether a company has evaded anti-dumping and countervailing (AD/CVD) duties in an on-the-record investigation. EAPA enforcement has increased considerably in recent years. In fact, in Fiscal Year 2020, CBP collected $287 million in duties via EAPA enforcement – this is a 500 percent increase since the beginning of the EAPA program in FY 2017.

On April 21, 2021 at 12:00 PM, Jennifer Diaz and David Craven will present a webinar on Anti-Circumvention/EAPA/Dumping Duties & the Spreadability of Cases.

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New AD/CVD Petition Against Imports of Certain Chinese Mobile Access Equipment

posted by Jennifer Diaz March 25, 2021 0 comments

Co-Authored by Sharath Patil

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.

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AD/CVDExportImportInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

PC WIRE STRAND AVAILABILITY AT RISK

posted by Jennifer Diaz April 20, 2020 1 Comment

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Guest article authored by David Craven, an expert on AD/CVD matters and Martindale-Hubbell A-V rated attorney, who serves Diaz Trade Law clients in an Of Counsel capacity.

Do you use, or are you planning to use PC Wire Strand?

PC Wire Strand is a critical raw material used in the production of pre-stressed concrete. The availability of such a product is now at serious risk, which would make producing pre-stressed concrete difficult and expensive. A trade action has just been filed,  seeking to impose anti-dumping and countervailing duties on imports from fifteen countries (Argentina, Columbia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine and the United Arab Emirates). This investigation is being conducted in parallel by two separate Federal Agencies; The International Trade Commission which decides whether the U.S. industry is being injured by the imports and the U.S. Department of Commerce which decides the amount of any duties.

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Missed DTL’s seminar on AD/CVD with CBP? Here’s a re-cap.

posted by Jennifer Diaz May 11, 2017 0 comments

Yesterday we at DTL had the pleasure of hosting Part 1 of 2 of our Seminar Series for Compliance Professionals. In celebration of #WorldTradeMonth the first seminar concentrated on Antidumping Duties and Countervailing Duties (AD/CVD) with expert speakers from U.S. Customs and Border Protection (CBP). While we had a packed room, we have received requests from industry members who were not able to attend asking for a re-cap. You asked so we delivered!

 Here is our re-cap:

The morning kicked off with a networking breakfast where experienced and novice custom brokers, legal counsel, trade consultants, and others were able to engage in meaningful dialogue about overlapping issues they experience in their respective workplaces in dealing with the topic of AD/CVD.

JenThe seminar promptly began at 9:00 am with introductory remarks by our own President, Jennifer Diaz. We had all attendees introduce themselves and include why this seminar was important to attend. We were glad to hear from majority of attendees that their reason for participating was to further their trade education, and CBP wanted to ensure they performed “informed compliance” with the trade community.  One attendee commented with “I’m here to continue to learn as that’s what we [customer brokers] are required to do.” Continue Reading

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FREE World Trade Month Seminar on AD/CVD & CBP ENFORCEMENT

posted by Jennifer Diaz April 21, 2017 0 comments

Flyer.Importers, here is your chance to learn all about the hot topic of AD/CVD. In celebration of World Trade Month, Diaz Trade Law is providing the trade community a valuable opportunity to speak direct with Supervisory Import Specialists with U.S. Customs and Border Protection (CBP) and a legal expert to address your questions and concerns relating to CBP’s role in administering and enforcing imports subject to AD/CVD.

In Fiscal Year 2016, CBP Processed $14 billion of imported goods subject to AD/CVD, and collected $1.5 billion in cash deposits. By the end of the fiscal year, $2.8 billion in AD/CVD duties were still owed to the U.S. (dating back to 2001). From fiscal year 2015 to 2016, AD/CVD cash deposits increased over 25
percent. Learn directly from CBP on AD/CVD Compliance and Enforcement! With President Trumps new Executive Order mandating a plan by June 29 “to require importers deemed a risk to U.S. revenue to provide security for AD and CVD liability through bonds and other legal measures”- many questions arise! Now’s your time to ask them!!

You have a limited time to RSVP to this event for FREE!!! Yes, for FREE. We find this information to be invaluable so Diaz Trade Law is sponsoring this event, to bring it to you for FREE. RSVP today! Our full event agenda including the who, what, when, and where is below. Don’t miss it!

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World Trade Month Seminar Series for Compliance Professionals

posted by Jennifer Diaz April 20, 2017 0 comments

WORLD TRADE MONTH Seminar Series FlyerIn celebration of World Trade Month, Diaz Trade Law is hosting a World Trade Month Seminar Series for Compliance Professionals featuring U.S. Customs and Border Protection (CBP) and U.S. Food and Drug Administration (FDA) speakers.
In the first seminar, attendees will learn the ABC’s of Antidumping & Countervailing Duties (AD/CVD) compliance and CBP Enforcement.

In the second seminar, FDA will focus on food importations and discuss the upcoming Foreign Supplier Verification Program (FSVP) requirement under the Food Safety Modernization Act (FSMA).

The TOP reasons you should attend?  Continue Reading

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President Trump & CBP Aim to Collect Unpaid AD/CVD Duties

posted by Jennifer Diaz April 18, 2017 3 Comments

ad cvd picOn March 31, 2017, President Trump signed an Executive Order (EO) that addressed unpaid anti-dumping and countervailing duties. This new EO, “promotes the efficient and effective administration of U.S. customs and trade laws by establishing enhanced measures to collect duties”.

What are anti-dumping and countervailing duties (AD/CVD)?

Dumping happens when a foreign company exports goods into the U.S. and sells those goods at less than fair market value. This in turn causes “injury to the U.S. industry”. Due to this, U.S. manufacturers or businesses can file a petition with the International Trade Commission (ITC), claiming that it has suffered an injury. Once the ITC finds that evidence of an injury exists, then the Department of Commerce (DOC or the Department) will investigate the claim. If the DOC determines that dumping occurred, then Customs and Border Protection (CBP) can withhold “liquidation of entries” and collect anti-dumping (AD) duties. AD “duties are calculated to bridge the gap back to a fair market value.” Continue Reading

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Now, More than Ever, Be Wary of and Responsive to a CBP Form 28!

posted by Jennifer Diaz December 22, 2016 4 Comments

rob-articleU.S. Customs and Border Protection (“CBP”), having previously identified AD/CVD evasion as priority trade issue, is ramping up its efforts to further combat AD/CVD evasion. Effective August 22, 2016, interested parties can, in addition to pursuing either a civil False Claims Act/Qui Tam Action or a criminal trade violation, now report Enforce and Protect Act (“EAPA”) violations using CBP’s e-Allegation mechanism.

Who is an Interested Party?

Interested parties qualified to use this violation reporting mechanism include:

• Foreign manufacturers, producers, exporters, or importers of covered merchandise or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise
• Manufacturers, producers, exporters, or importers in the U.S. of a domestic like product
• A certified union or recognized union group of workers that is representative of an industry engaged in the manufacture, production or wholesale of a domestic like product in the U.S.
• A trade or business association a majority of the members of which manufacture, produce, or wholesale a domestic like product in the U.S.
• If covered merchandise is a processed agricultural product, a coalition or trade union that is representative of processors, processors and producers, or processors and growers Continue Reading