October 2022 — Question 13

Carbon and alloy steel threaded rod originating in China is subject to antidumping and/or countervailing duty cases in the United States. Steel Importers, Inc. (SII) is an import client of your brokerage firm. The Chief Executive Officer (CEO) of SII has contacted you for assistance in making an allegation under the Enforce and Protect Act of 2015 (EAPA) and CBP implementing regulations. SII’s allegation is that a competitor is importing Chinese-origin carbon and alloy steel threaded rod from Germany and is avoiding paying the anti-dumping and/or countervailing duties (AD/CVD) by claiming that the merchandise is country of origin Germany. Which of the following statements is FALSE under these facts?

• AA licensed Customs broker is an interested party under the EAPA implementing regulations found in Title 19 of the Code of Federal Regulations (CFR), which allows the brokerage to notify CBP of SII’s allegations as an interested party and allows SII’s business to remain confidential.✓ CBP's answer
• BUnless the person or other entity bringing the allegation is an interested party as defined in EAPA implementing regulations found in Title 19 of the CFR, the person making the allegation must either be an attorney or have a valid power of attorney from the interested party.
• CWhen an interested party or the interested party’s duly authorized attorney or agent makes an allegation through CBP’s e-Allegations system or authorized method, the Trade Remedy Law Enforcement Directorate (TRLED) receives the allegation and conducts the investigation.
• DIf the CBP investigator lacks sufficient information to know whether the merchandise at issue in the allegation is properly within the scope of a valid AD/CVD order, the investigator will refer the matter to the Department of Commerce for a “scope” determination and notify the parties.
• EThe Customs broker should expect that liquidation of the unliquidated entries for which CBP has reasonable suspicion that the importer entered covered merchandise into the customs territory of the United States through evasion will be suspended.