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Anti-Dumping & Countervailing Duties

October 2023 — Question 24

Choose the ONE answer that correctly fills in the blank. Unless CBP uses its discretionary authority to investigate other entries, entries that may be the subject of an allegation or request for investigation under Enforce and Protect Act of 2015 (EAPA) are those entries made within _________ before the receipt of an allegation or request for investigation.

Why this answer

The EAPA regulations in 19 CFR part 165 define which entries an evasion investigation covers: absent CBP's exercise of discretionary authority to examine other entries, the investigation reaches entries of allegedly covered merchandise made within one year before CBP received the allegation or the request for an investigation. That one-year look-back is stated expressly in the regulatory text of the part CBP cited, at section 165.2, so one year is the only choice matching it. Five years is tempting because it mirrors the general customs statute of limitations and record-retention period, but EAPA's default investigative window is deliberately narrower than that familiar figure. Watch for: Reaching for the familiar five-year customs limitations period instead of EAPA's one-year window.

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

§ 19 CFR 165.24(a)

Answer and citations as published in CBP's official answer key for the October 2023 examination.

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