{"id":1661,"date":"2019-02-27T16:22:32","date_gmt":"2019-02-27T21:22:32","guid":{"rendered":"http:\/\/www.customscourt.com\/?p=1661"},"modified":"2019-02-27T16:22:34","modified_gmt":"2019-02-27T21:22:34","slug":"enhanced-enforcement-of-antidumping-and-countervailing-duties-new-petitions","status":"publish","type":"post","link":"https:\/\/www.customscourt.com\/es\/enhanced-enforcement-of-antidumping-and-countervailing-duties-new-petitions\/","title":{"rendered":"Enhanced Enforcement of Antidumping and Countervailing Duties, New Petitions"},"content":{"rendered":"

This\nis an old blog we lost during our transfer of site hosting. Update on this\ntopic is forthcoming in a future blog.<\/p>\n\n\n\n

  1. Executive Orders<\/li><\/ol>\n\n\n\n

    President Trump issued two Executive Orders on March 31,\n2017, signaling the new administration\u2019s opposition to unfair trade practices.\nThe first Executive Order (See Original Document\nHere<\/a>) directs the Department of Commerce (\u201cDOC\u201d) and the\nUnited States Trade Representative (\u201cUSTR\u201d) to conduct a broad review of\ndifferential tariffs, non-tariff barriers, injurious dumping, injurious\ngovernment subsidization, intellectual property theft, forced technology\ntransfer, denial of worker rights, and labor standards, etc. The second\nExecutive Order (See Original Document Here<\/a>) aims at\nthe collection of antidumping and countervailing duties. Both address enforcement\nof violations of U.S. trade laws. <\/p>\n\n\n\n

    The U.S. estimates that uncollected AD\/CVD duties for 2015\nreached $2.3 billion. CBP is directed to develop a plan requiring \u201ccovered\nimporters\u201d of subject merchandise who pose a risk to the revenue of the United\nStates to provide security through a bond or other legal measure. \u201cCovered\nimporters\u201d are defined as new importers or importers for which the agency has a\nrecord of incomplete or late payment of antidumping or countervailing duties.\nThose benefiting from low bonds should be careful now to ensure timely and\nsufficient payment of the AD\/CVD duties or otherwise be subject to the\nincreased bond requirements. <\/p>\n\n\n\n

    CBP must “develop and implement a strategy and plan for\ncombating violations of United States trade and customs laws for goods and for\nenabling interdiction and disposal, including through methods other than\nseizure, of inadmissible merchandise entering through any mode of\ntransportation.” What \u201cmethods of interdiction and disposal other than\nseizure\u201d means is unknown.<\/p>\n\n\n\n

    Regarding the protection of intellectual property rights at\nthe border, now the government will share with right holders, to the extent\npermitted by law, information necessary to determine whether there has been an\nIPR infringement and information regarding merchandise that has been abandoned\nbefore a seizure. Previously that \u201ccommercial proprietary information\u201d was\nwithheld. The change may allow right holders to sue infringers in U.S. courts\nor to seek exclusion orders from the International Trade Commission.<\/p>\n\n\n\n

    The Department of Justice (\u201cDOJ\u201d) must “allocate\nappropriate resources to ensure that Federal prosecutors accord a high priority\nto prosecuting significant offenses related to violations of trade\nlaws.”  Normally, U.S. trade\nenforcement attorneys who deal with penalty cases are in the Civil Division at\nDOJ and are not called \u201cprosecutors.\u201d It seems that the Executive Order refers\nto a prosecution of criminal violations. \nAs we know, federal laws impose criminal sanctions on a wide spectrum of\nillegal activities, such as fraudulent and\/or knowing importation (or\nfacilitation of such importation) of counterfeit merchandise or merchandise\nwhose importation is “contrary to law,” false claims for refund of\nduties, false classification, false statements, smuggling, etc. We may see more\nprosecutions of individuals for trade-related cases.<\/p>\n\n\n\n

    1. Recent AD\/CVD Development<\/li><\/ol>\n\n\n\n

      AD\/CVD cases had\nalready increased under the Obama Administration. In Fiscal Year (FY) 2016, $14\nbillion in imports were subject to AD\/CVD, and CBP collected $1.5 billion in\nAD\/CVD cash deposits.  CBP\u2019s collection\nof AD\/CVD cash deposits increased over 25 percent since FY 2015 and by almost\n200 percent since FY 2014.  As of the end\nof FY 2016, $2.8 billion of AD\/CVD duties were owed to the U.S. government for\nimports going back to 2001. With the new emphasis on combating unfair trade\npractices, we can\nexpect to see continued AD\/CVD cases during the Trump Administration. <\/p>\n\n\n\n

      Below are highlights of recent new AD\/CVD petitions:<\/p>\n\n\n\n