CBP Posts AD/CVD Enforcement Overview

CBP posted an document on AD/CV duty enforcement, giving a broad look at CBP's ongoing efforts to improve enforcement and steps the trade can use to limit exposure. CBP provides some information on the Re-Engineering Dumping (RED) Team, which is reviewing the entire AD/CVD import process.

Among major RED Team activities are:

• Emphasize to broker their responsibility in requiring power of attorney to ensure legitimacy of importers
• Explore the use of sharing CBP enforcement data with the Commerce Department as part of their Administrative Protective Order record so that interested parties/petitioners are provided feedback more timely.
• Create Single Transaction Bond scenarios which will guide CBP ports on when to require importers to submit single transaction bonds if CBP suspects that AD/CVD evasion is taking place. (Earlier this year, CBP provided guidance for port requirements of single transaction bonds. See ITT's Online Archives 12062233 for summary of this memo.)

The document also included a list of "Best Practices for AD/CVD Compliance":

• Use ACE
• The written scope of the order is dispositive
• Estimated AD/CVD duties are due on imports entered or withdrawn from warehouse, for consumption on or after the effective date
• Keep up to date on which exporters/manufacturers are applicable to each case number and cash deposit rate.
• Pay close attention to supply chains involving exporter-specific rates.
• Do your due diligence on your suppliers.
• Be prepared to document your entry data.
• Use Post Entry Amendments, Post Summary Corrections and prior disclosures.