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Committee on Anti-Dumping Practices - Informal Group on Anti-Circumvention - The Enforce and Protect Act of 2015 - Section 421 - Investigation of evasion of trade remedy laws - Submission by the United States
日期:2016/11/02
作者:United States
文件編號:G/ADP/IG/W/56
附件下載:GADPIGW56.doc
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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]

 

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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

 

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90 Days

 
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文字方塊: 1581(c) Jurisdiction
 


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Color Key

 

       : Public Participation

 

       : CBP

Decision  (Notice to Follow)

 

       : DOC Participation

 

       : Legal Standard

 

       : Judicial Process

 

 
_文字方塊: Discretionary                                                                                                                                                       Department of Commerce (DOC)              Referral Period (Scope) Begins

___文字方塊: DOC Consultation on (Rates) After Determination               as to Evasion,           if Necessary



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_文字方塊: Arbitrary & Capricious Standard of Review*

_文字方塊: "Evasion" generally refers to entering merchandise covered by an antidumping/countervailing duty (AD/CVD) order into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise. 

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_文字方塊:   ____文字方塊: Substantial Evidence Standard_

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*Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

 
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[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.