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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!
January was named for the Roman god Janus, known as the protector of gates and doorways who symbolize beginnings and endings. Janus is depicted with two faces, one looking into the past, the other with the ability to see into the future. What a fitting symbol for this first day of the year; this month is our door into the new year.
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U.S. Customs and Border Protection (CBP) began detaining merchandise produced or manufactured by Jingde Trading Ltd., Rixin Foods. Ltd., and Zhejiang Sunrise Garment Group Co. Ltd. at all U.S. ports of entry on Dec. 5, 2022. This enforcement action is the result of a CBP investigation indicating that these companies use North Korean labor in their supply chains in violation of the Countering America’s Adversaries Through Sanctions Act (CAATSA).
CAATSA prohibits the entry of goods, wares, and articles mined, produced, or manufactured wholly or in party by North Korean nationals or North Korean citizens anywhere in the world, unless clear and convincing evidence is provided that such goods were not made with convict labor, forced labor, or indentured labor under penal sanctions. Pursuant to CAATSA, CBP will detain merchandise from these entities at all U.S. ports of entry unless there is clear and convincing evidence that forced labor was not present at any stage of the production process. Evidence must be provided within 30 days of notice of detention. If the importer fails to provide clear and convincing evidence within this timeframe, the merchandise may be subject to seizure and forfeiture.
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U.S. Customs and Border Protection (CBP) will collaborate with 13 partner government agencies to deploy a Global Business Identifier (GBI) pilot program that will test the concept of a single business identifier solution to improve the US Government’s ability to efficiently identify high-risk shipments and facilitate legitimate trade.
Through the GBI Evaluative Proof of Concept (EPoC), volunteers from the trade community will provide CBP with entity identifier codes, used widely in various industries, to allow more comprehensive insight into shipper, seller, and manufacturer data.
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