CBP Piloting Trade Fraud Training as Part of AD/CV Executive Order

CBP posted a trade enforcement bulletin for the fourth quarter of fiscal year 2017, which mentions a new training pilot program on trade fraud. The Office of Trade’s Trade Remedy Law Enforcement Directorate Civil Enforcement Division developed the course and offered it to the Agriculture and Prepared Products Center of Excellence and Expertise in Miami, CBP said. "The three-day course included: roundtable discussions with Associate Chief Counsel, the Department of Justice, and [ICE Homeland Security Investigations]; overviews of the various enforcement tools with the National Targeting and Analysis Group; and team collaboration on current enforcement actions," the agency said. The course is part of CBP's response to a March executive order on antidumping and countervailing duty collections (see 1704030033).

Four cases pending at the CEE were also incorporated in the class, it said. "Participants focused on: developing solid trade fraud case strategies, conducting in-person interviews, properly preparing for importer and broker visits, collecting and preserving evidence, articulating the facts of an alleged violation, collaborating with available CBP resources and our law enforcement partners, and prioritizing the timely processing of proposed enforcement actions," CBP said. The bulletin also includes information on trade enforcement operations, including seizures of counterfeit pharmaceutical goods and water filters.

CBP also detailed a recent situation at the Port of Baltimore involving broker compliance. The port's Entry Branch discovered that a "nominal consignee" misrepresented to the customs broker as having the right to make entry. "When the commercial sales documents demonstrated that the nominal consignee did not have the right to make entry, the Port of Baltimore issued to the alleged importer of record a 'technical violation' penalty" because "the nominal consignee entered, introduced or attempted to introduce merchandise into the United States by means of a statement which was material and false."

The branch also looked at the "custom broker and focused beyond the bill of lading and commercial invoice -- documents used in ascertaining the right to make entry -- in identifying invalid powers of attorney and the unauthorized release of business and proprietary information to nominal consignees," CBP said. "Where instances of the aforementioned violations were recognized, we issued 'informed compliance' notifications concerning the violations" for "failure to 'demonstrate responsible supervision and control' over their customs business."