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On September 13, 2024, the White House announced that it will take several steps to crack down on use of the “de minimis exemption” for imports of unsafe and unfairly traded goods. The de minimis exemption currently allows...more
Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more
March 2024 was a busy month for U.S. Customs and Border Protection (“CBP” or “Customs”) with respect to the Enforce and Protect Act (“EAPA”) regulations related to the evasion of antidumping and countervailing duties...more
Since the last update on the AD / CVD aluminum extrusions investigation (dubbed Extrusions II) in what appears to be a response to strong opposition from trade industry groups, legislators, governments, and other interested...more
On September 28, 2023, Eastman Kodak Company filed antidumping duty (AD) petitions on Aluminum Lithographic Printing Plates from China and Japan, and a countervailing duty (CVD) petition on the same product from China....more
On July 27, in Royal Brush Manufacturing, Inc. v. United States, the Federal Circuit held that importers have a right to see the evidence used against them in antidumping proceedings by the Customs and Border Patrol (CBP),...more
In an opinion issued on July 27, 2023, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that U.S. Customs and Border Protection (“CBP”) violated an importer’s due process rights by denying access to...more
You’ve probably heard about the many recent changes to the “Buy America” and procurement rules, starting with Executive Orders in the late 2010’s under then President Trump, several sessions of Congress, and modifications by...more
Enforcement actions by U.S. Customs and Border Protection (CBP) are increasingly more intensive and less lenient than in the past based on our experience. It is not uncommon in today’s regulatory enforcement landscape for...more
Imagine your company imports products from a vendor in Vietnam and sells them at a competitive margin in the U.S. Business is so-so until the Department of Commerce conducts an Antidumping or Countervailing Duty (“AD/CVD”)...more
An importer recently agreed to pay $5.2 million to settle a False Claims Act (“FCA”) case alleging evasion of antidumping duties (“AD”) on wooden bedroom furniture from China. The importer, Blue Furniture Solutions, LLC (now...more
The administration and U.S. Customs and Border Protection (CBP) recently announced a narrow 90-day duty deferral option to help companies cope with the economic effects of COVID-19. Apparently the push from members of...more
Exporters and US importers of goods claiming Vietnamese origin face increasing risk. President Trump recently indicated his administration will pay close attention to goods exported from Vietnam, including those suspected of...more
In a decision that highlights the overlap of international trade obligations and False Claims Act (FCA) jurisprudence, a federal judge recently dismissed an FCA suit because the whistleblower’s claims, against an importer of...more
U.S. importers are seeing an increase in enforcement activity by U.S. Customs and Border Protection. Here are the ten things you must know about this trend....more
CBP has released the highly anticipated AD/CV duty evasion regulations, which promulgate an administrative procedure for investigating AD/CV duty evasion allegations that CBP must follow. The regulations will undoubtedly...more
Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty...more
U.S. importers should reevaluate their compliance program as U.S. Customs and Border Protection (CBP)’s steps up its efforts to enforce payment of antidumping and countervailing duties. The efforts come at the heel of this...more
On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States under the False Claims Act (FCA)...more
In late 2014, U.S. Customs and Border Protection denied an importer of record’s protest that claimed that it was incorrectly held liable for the payment of antidumping duties assessed on furniture from the People’s Republic...more
U.S. Customs and Border Protection (CBP) issued its first "AD/CVD Update" in December 2014. The AD/CVD Update provides information regarding CBP's activities to collect antidumping (AD) and countervailing duties (CVD) from...more
The U.S. Department of Justice ("DOJ") recently announced that a Japan-based company, Toyo Ink SC Holdings Co. Ltd., and various affiliated entities, have agreed to pay $45 million plus interest to settle allegations that...more