March 2024 was a busy month for U.S. Customs and Border
Protection (“CBP” or “Customs”) with
respect to the Enforce and Protect Act (“EAPA”)
regulations related to the evasion of antidumping and
countervailing duties (“AD/CVD”). On March 11, CBP made
a new dashboard available, which allows the public to review
statistics related to EAPA cases that have made it to the
“interim measures” or “determination of
evasion” stages of investigations. Separately, on March 18,
CBP published a final rule, which adopts amendments to the initial
EAPA regulations originally published as an interim final rule on
August 22, 2016.
Background
The EAPA was passed as Title IV of the Trade Facilitation and
Trade Enforcement Act of 2015 (“TFTEA”) and was signed
into law on February 24, 2016. The EAPA implementing regulations
are found at 19 C.F.R. § 165. The EAPA established a formal
mechanism for parties, including other Federal government agencies
and competitors, to allege evasion of
