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Anti-dumping and countervailing duties are assessed in an honest attempt to help level the playing field for US manufacturers. This is an important function and CBP is committed to aggressive action to protect the interests of US industry. Anti-dumping and countervailing duties do have effectiveness and as a result CBP has seen an increase in evasion tactics in some areas of the trade community. Evasion tactics have included fraudulent country of origin and shipping documentation etc. This behavior by some in the trade community is rather costly to the country. Keep in mind that ADD/CVD exists to encourage buyers to source items subject to these duties from US sources or sources that are using free market pricing strategies. The August 2016 Government Accountability Report notes that in the past 15 years, $2.3 billion were not collected in ADD/CVD. That is an average of $150+ million per year! That is also a bunch of US manufacturers being harmed by these questionable evasive practices.
New regulations empower competing importers and federal agencies to call importers out for suspicion of evasive practices with regards to ADD/CVD. Now is a good time for importers to engage in self-assessment and determine what risk(s) there may be. Internal audits and continuous improvement of internal compliance processes is a mitigating factor when CBP considers penalties for importers.
Do you have self-audits regularly scheduled? Do you have extensive experience investigating applicability of ADD/CVD? We at JAS USA Inc. Compliance team have tackled these issues over and over again. We pride ourselves in being educators and showing our valuable clients the right way to handle the sometimes uncomfortable positions these types of issues can create. We are experts at building customized compliance plans, manuals and auditing schedules. Contact us today and we will be glad to help you mitigate risk!
A multinational organization based in Bangkok, Thailand, has agreed to pay $20,000,000 to settle potential civil liability for 467 apparent violations of OFAC sanctions on Iran. Between 2017 and 2018, the company facilitated $291 million in wire transfers through U.S. financial institutions for the sale of Iranian-origin high-density polyethylene resin (HDPE), manufactured by a joint venture involving the parent company in Iran. HDPE is a robust resin used in various plastic products such as food and beverage containers, shampoo bottles, and industrial items. Concurrently, the company initiated U.S. dollar wire transfer transactions to settle the joint venture’s debts to third-party vendors.
BIS has released the newest iteration of their guidance on export enforcement. The “Don’t Let This Happen to You” guidance document is dated March 2024 and is 76 pages of important guidance for the export community. The opening letter states “Export controls have never been more important to our collective security interests than they are today.” Follow the link below to check out more details!
The U.S. Customs and Border Protection (CBP) has issued a Withhold Release Order (WRO) against work gloves manufactured in a Chinese company and its subsidiaries, based on evidence suggesting the use of convict labor. This action is part of the U.S. government's efforts to combat forced labor globally. With nearly 28 million workers suffering under such conditions worldwide, WROs are a means to deter companies from exploiting labor and to protect vulnerable populations. By enforcing laws prohibiting the importation of goods produced by forced labor, CBP aims to safeguard American workers, businesses, and consumers. Currently overseeing and enforcing numerous WROs and Findings, CBP emphasizes its commitment to eliminating forced labor from U.S. supply chains and encourages reporting of suspected violations.
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