Tag Archives: CBP

ILN Today Post
September 27, 2017

Key Takeaways from CBPs First Final Determination of Evasion under EAPA

By Torres Law - Customs & Global Trade of Torres Law

On August 14, 2017, U.S. Customs and Border Protection (“CBP”) issued its first notification of final determination of antidumping duties (“ADD”) evasion pursuant to the Enforce and Protect Act (“EAPA”).[1] This case unofficially began nearly a year earlier when CBP received an allegation from M&B Metal Products Company, Inc. claiming that a U.S. importer,  Eastern Trading NY, Inc. (“Eastern Trading”), imported steel wire hangers manufactured in China and transshipped through Thailand to evade paying ADD.  CBP found that the allegations “reasonably suggested” evasion of ADD order A 570 918, and on October 11, 2016, CBP initiated its investigation into the matter.

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ILN Today Post
September 27, 2017

Late EEI Filing: Is It Too Late To Mitigate?

By Torres Law - Customs & Global Trade of Torres Law

In 2009, the U.S. Customs and Border Protection (“CBP”) published guidelines that govern the enforcement and mitigation of civil penalties for companies and other entities that fail to comply with the Foreign Trade Regulations (“FTR”) in 15 C.F.R. § 30.[1] These regulations require exporters to file Electronic Export Information (“EEI”), which is the electronic equivalent of the former Shipper’s Export Declaration (“SED”), and is filed through the Automated Export System or AESDirect (“AES”).[2]

While Section 30 includes a list of violations that trigger civil penalties, it also lists mitigating factors for violations. According to the guidelines, proving that the “violation was an isolated occurrence,” submitting a voluntary self-disclosure (“VSD”), or offering evidence that the violating party has a compliance program in place may lessen penalties for exporters that take initiative and proactively remedy potential violations.[3]

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Posted in Legal Updates | North America
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