the
enforce and protect act of 2015
section 421 –
investigation of evasion of trade remedy laws
Submission by the United States
The following communication is
being circulated at the request of the Delegation of the United States.[1]
_______________
Deadlines
for Enforce and Protect Act (EAPA)
Investigations and Administrative Reviews
Deadlines for Investigations
After CBP receives a properly filed allegation
from an interested party, it has 15 business days to determine whether to
initiate an EAPA investigation. If CBP determines that it will not, the
interested party will be notified within five business days of that
determination. Below is a timeline for an investigation:
|
Day
|
Event
|
|
0 days[2]
|
Initiation of the investigation[3]
|
|
No later than 90 calendar days
|
Determination of reasonable suspicion of evasion and
issuance of interim measures
|
|
5 business days after interim measures are taken
|
Notice of decision to initiate an investigation and
whether interim measures were taken
|
|
200 calendar days
|
Deadline to voluntarily submit factual information[4]
|
|
230 calendar days
|
Deadline to submit written arguments
|
|
15 calendar days after a written argument was filed
|
Deadline to submit responses to the written argument
|
|
No later than 300 calendar days
|
Determination as to evasion or notice of extension of
time
|
|
No later than 360 calendar days
|
Determination as to evasion if the investigation is
extraordinarily complicated
|
|
5 business days after determination
|
Notice of CBP's determination as to evasion
|
Deadlines for Administrative
Reviews
A party to an EAPA investigation that has
received an adverse determination from CBP may file a request for an
administrative review. The request for an administrative review must be
submitted to CBP no later than 30 business days after the initial determination
as to evasion. Each party that files a request for review must provide the
other parties to the EAPA investigation with a public version of the request. Upon
receipt of a timely request for review, CBP will ensure that it has been properly
filed, and if so, will assign a case number for tracking. The administrative
review period starts on the date when CBP accepts the last properly filed
request and electronically transmits the case number to all parties to the
investigation. Below is a timeline for an administrative review:
|
Day
|
Event
|
|
0 days
|
Initiation of the administrative review and
transmission of the case tracking number
|
|
10 business days
|
Deadline to submit written responses to the
request(s) for review
|
|
60 business days
|
Completion of the administrative review
|
This information is provided solely for your
guidance and it does not replace or supersede the law or regulations for EAPA
proceedings.
Overview of EAPA Investigations
The
Enforce and Protect Act of 2015, Section 421 - Investigation of Evasion of
Trade Remedy Laws
_
[1] This document was submitted by the United States on 19 September
2016 and was discussed at the meeting of the Informal Group held on 27 October
2016.
[2] CBP may submit a referral to the Department of Commerce (Commerce)
if at any point after the receipt of the allegation CBP cannot determine
whether the entered merchandise described in the allegation is properly within
the scope of an antidumping or countervailing duty order. CBP will
promptly notify the parties to the investigation of the date of the referral. The
time required for any referral and determination by Commerce will not be
counted toward CBP's deadlines. CBP will notify the parties to the
investigation of Commerce's decision. Deadlines and notice requirements listed
apply only to parties to the investigation.
[3] If CBP
consolidates allegations into a single investigation, the date on which CBP
receives the first of such allegations will start the time period for the
deadline to initiate the investigation. CBP will issue notice of consolidation
to all parties to the investigation if consolidation occurs after they have
already been notified of the ongoing investigation. Otherwise, parties will be
notified no later than 95 calendar days after the date of the initiation. Any
interested party who filed an allegation after initiation will be notified by
CBP of the date of decision to initiate when it receives the notice of
consolidation.
[4] Parties
to the investigation will have ten calendar days to provide rebuttal
information to new factual information placed on the record by CBP and to
voluntary submissions of factual information made by a party to the
investigation and placed on the record.