The Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) was signed into law on February 24, 2016. This comprehensive legislation includes the Enforce and Protect Act of 2015 (the “Enforce Act”), which creates a new division and procedures in U.S. Customs & Border Protection (“CBP”) to combat the evasion of antidumping (“AD”) and countervailing duty (“CVD”) orders. The Enforce Act targets and addresses evasion of AD and CVD orders when covered merchandise is entered into the United States by reason of any “material and false” statement or omission that “results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.”

The Enforce Act directed CBP to promulgate regulations to implement its new responsibilities within 180 days of enactment. CBP met this deadline on August 22, 2016, when it published its Interim Regulations and solicited comments from interested parties. Comments on the Interim Regulations are due October 21, 2016. Domestic producers and other interested parties, importantly, still may file allegations of evasion during the comment period.