EAPA Investigations: Top 5 Considerations When Customs Comes Knocking

The Enforce and Protect Act of 2015 (EAPA) and subsequent regulations promulgated by U.S. Customs and Border Protection (CBP) allow the agency to conduct intensive investigations of alleged customs evasion, including avoidance of antidumping and countervailing duty orders. The EAPA is an administrative proceeding that permits and encourages participation by domestic industry, the alleged evading party, and CBP. This article explores the top five considerations for those alleged evading parties against whom EAPA investigations are lodged.

CBP has 15 business days from receipt of an allegation to determine whether an investigation under the EAPA is appropriate. CBP will initiate such an investigation if the merchandise described in the allegation has been entered for consumption into the customs territory of the U.S. through evasion. [19 CFR § 165.15(b))] At the end of the EAPA process, CBP will conclude its investigation by issuing a determination as to whether