Anti-Dumping & Countervailing Duties
October 2023 — Question 26
What is an anti-dumping and/or countervailing duty (AD/CVD) suspension agreement?
- AAn agreement between a licensed Customs broker and an importer that the importer will pay AD/CVD duties directly to CBP.
- BAn agreement between an importer and a surety creating a continuous bond.
- CAn agreement between CBP and the importer of record that CBP will not suspend liquidation of the importer's AD/CVD entries.
- DAn agreement between the U.S. Department of Commerce and the foreign government(s) or exporters involved in an AD/CVD investigation that results in no suspension of liquidation of entry summaries such that the entry summary may be filed as type 01. Category V – Broker Compliance✓ CBP's answer
Why this answer
CBP cited its ACE entry summary business-rules guidance, which describes suspension agreements in the AD/CVD context. A suspension agreement is negotiated by the U.S. Department of Commerce with the foreign government or the foreign exporters involved in an AD/CVD investigation; in exchange for commitments such as price undertakings or quantity limits, the proceeding is suspended. Where such an agreement leaves liquidation unsuspended, the merchandise may be entered as a regular type 01 consumption entry rather than a type 03 AD/CVD entry, exactly as option D states. The other choices wrongly cast the agreement as a private arrangement among brokers, importers, sureties, or CBP, none of whom negotiates a suspension agreement. Watch for: Reading 'suspension' as CBP suspending liquidation rather than Commerce suspending its AD/CVD investigation.
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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