The Enforce and Protect Act of 2015 (EAPA), allows CBP to investigate whether a company or other entity has evaded anti-dumping and countervailing (AD/CVD) duties in an on the record investigation. EAPA investigations start when people who meet certain criteria (known as standing) to file allegations that another entity is evading AD/CVD duties.
AD/CVD duties are fees added to goods that are underpriced by exporters in foreign countries. The added fees offset the low prices to ensure that U.S. entities are not harmed by anti-competitive behavior.
EAPA was created as part of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), and can be found in Title IV, Section 421 of the TFTEA law.
Below is more information on EAPA's accomplishments, some legal resources, and the Notices of Action for past and current EAPA investigations, as well as a link to the submission form.
EAPA Accomplishments
EAPA has made a strong impact on the economic health of the United States since its beginnings in 2016. It has investigated claims of evasion involving multiple products, including wire hangers, pipe and tube, wooden bedroom furniture, diamond sawblades, glycine, OCTG, hardwood plywood, and aluminum extrusions.
As of July 2020, EAPA has:
- Launched over 75 investigations
- Conducted over 40 foreign on-site verifications
- Prevented the evasion of over $350 million dollars
- Protected revenue within 90 days if evasion is found
Legal References
The Enforce and Protect Act of 2015 or EAPA (19 USC §1517)
Interim Final Rule providing procedures for EAPA investigations
Investigation of Claims of Evasion of Antidumping and Countervailing Duties (60 day extension of comment period for Interim Final Rule)
Investigation of Claims of Evasion of Antidumping and Countervailing Duties; Correction
Requests for Administrative Review
Notices of Action
EAPA is committed to transparency and process predictability. In order to be as transparent as possible, CBP publishes Notices of Action throughout the course of the investigation. Anyone who files an EAPA allegation, is interested in filing an EAPA allegation, or wants to follow the status of an allegation can view any published Notice of Action. These Notices of Action provide proof that the allegation is being worked, illustrate the process, and provide reassurance that a decision about the result will be issued by the deadline.
Filing an EAPA Allegation
If you are ready to submit an EAPA allegation, please click the button below to file your allegation. If you do not feel that the information you have meets EAPA requirements, you may want to consider filing an e-Allegation. The e-Allegations program is another way that you can submit suspected trade violations. Learn more about e-Allegations.
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