Anti-Dumping & Countervailing Duties
October 2023 — Question 25
Which of the following is NOT an "interested party" as defined in the Customs Regulations relating to a CBP investigation under the Enforce and Protect Act of 2015 (EAPA) into the evasion of anti-dumping duties by an importer of lemon juice?
- AU.S. Department of Commerce, a federal department of the U.S. government✓ CBP's answer
- BJuice Products Association, a U.S. trade association representing lemon juice manufacturers
- CFresh Juicier, a wholesaler in the U.S. of a domestic like product of lemon juice
- DTigger Hundred Acre, a U.S. importer of lemon juice that is used in manufacturing tea products.
Why this answer
Under the definition in the cited EAPA regulation, an interested party means private commercial actors connected to the covered merchandise or the domestic like product: foreign manufacturers, producers, or exporters; United States importers; manufacturers, producers, or wholesalers of a domestic like product in the United States; unions; and trade or business associations. A federal agency such as the Department of Commerce is not on that list, because government bodies administer the AD/CVD laws rather than participate as interested parties. The wholesaler, the trade association, and the importer of the lemon juice each fit an enumerated category, which is why the Department of Commerce is the keyed exception. Watch for: Assuming Commerce qualifies because it administers AD/CVD law, instead of checking the enumerated private-party categories.
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 2023 examination.
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