Anti-Dumping & Countervailing Duties
October 2018 — Question 22
The Enforce and Protect Act of 2015 (EAPA) provides for:
- AFormal procedures for evaluating an e-allegation of an IPR violation
- BFormal procedures for calculating the proper antidumping duty rates
- CFormal procedures for submitting and investigating antidumping or countervailing allegations of evasion against U.S. Importers✓ CBP's answer
- DA determination as to what interim measures should be taken within 300 days from the date of initiation of the investigation
- EAn increase in the de minimis value exemption
Why this answer
The scope provision of 19 CFR part 165 states what the Enforce and Protect Act created: formal procedures for submitting, and for CBP to investigate, allegations that importers are evading antidumping or countervailing duty orders, which is option C. EAPA does not govern intellectual property e-allegations, and it does not calculate dumping rates; rate calculation belongs to the Commerce Department, which is what makes option B tempting for candidates who blur CBP's evasion-enforcement role with Commerce's rate-setting role. Option D fails on its number, since interim measures are addressed within 90 days of initiating an investigation rather than 300, and EAPA has nothing to do with de minimis values. Watch for: Assigning duty-rate calculation to CBP under EAPA when Commerce sets rates and CBP investigates evasion.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the October 2018 examination.
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