Enhanced collection, enforcement of AD and CVD | KPMG | GLOBAL

Enhanced collection, enforcement of antidumping and countervailing duties

Enhanced collection, enforcement of AD and CVD

President Trump on March 31, 2017, signed an executive order that directs U.S. Customs and Border Protection (CBP) and the U.S. Attorney General to increase its enforcement and collection of antidumping (AD) and countervailing duties (CVD).

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The executive order [PDF 173 KB] is directed at covered importers and directs CBP to:

  • Impose appropriate bonding requirements on entries of articles subject to antidumping and countervailing duties
  • Within 90 days, develop a plan requiring importers to provide security for antidumping and countervailing duty liability and also other appropriate enforcement measures
  • Within 90 days, the Secretary of Homeland Security, through CBP, develop and implement a strategy and plan for combating violations of U.S. trade and customs laws for goods entering through any mode of transportation.

The executive order also seeks to increase enforcement of intellectual property rights by directing the Secretary of the Treasury and the Secretary of Homeland Security to take all appropriate steps to ensure that CBP can share information with rights holders including: (1) any information necessary to determine whether there has been an IPR infringement or violation; and (2) any information regarding merchandise voluntarily abandoned before seizure.

The executive order directs the Attorney General to develop recommended prosecution practices and allocate appropriate resources so that federal prosecutors accord a high priority to prosecuting significant offenses related to violations of trade laws.

KPMG observation

Importers of goods that are subject to AD or CVD need to consider steps toward full compliance with all applicable laws and regulations, as the executive order suggests that CBP and the Attorney General will be increasing the resources dedicated to enforcement of all applicable laws.

 

For more information, contact a professional with KPMG’s Trade & Customs practice:

Douglas Zuvich | +1 (312) 665-1022 | dzuvich@kpmg.com

Andrew Siciliano | +1 (631) 425-6057 | asiciliano@kpmg.com

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