 Evasion of AD/CV Duties on Plastic Bags from Vietnam |
Source |
AD/CV News |
Post Date |
11/02/2020 |
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In a final determination under the Enforce and Protect Act, U.S. Customs and Border Protection has found substantial evidence that a U.S. importer evaded the antidumping and countervailing duty orders on polyethylene retail carrier bags from Vietnam by misclassifying them under HTSUS 3923.29.0000 (bags made from plastic resins other than polyethylene) and misrepresenting the country of origin as Laos. The importer had claimed that (1) its understanding was that the Vietnamese company was a selling agent facilitating orders to be produced in Laos and shipped through a Vietnamese port of export and (2) the Laotian production facilities had been verified years before.
As a result of this determination, CBP will take the following measures.
- susp or continue to susp the entries subject to this investigation until instructed to liquidate
- rate adjust those entries previously exted, change those entries to type 03, and continue suspension until instructed to liquidate
- correct the reported manufacturer and country of origin for one entry and adjust duties accordingly
- continue to evaluate the importerĄ¯s continuous bonds and to require single transaction bonds as appropriate The EAPA, part of the Trade Facilitation and Trade Enforcement Act, gave CBP a significantly expanded role in investigating AD/CV duty evasion and the authorities to match. Under CBP regulations implementing the EAPA any interested party, including competing importers and federal government agencies, may submit allegations that AD/CV duties are being evaded; e.g., by misrepresenting the goodsĄ¯ true country of origin, submitting false or incorrect shipping and entry documentation, or misreporting the goodsĄ¯ physical acteristics.
CBP has broad authority to conduct investigations of these claims and can impose initial remedial measures that could interrupt a supply chain in as little as 90 days. Any final determination of evasion may be met with not only AD/CV duties but also other enforcement measures such as civil or criminal investigations
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