Evasion of AD Duty Orders on Wooden Furniture from China

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In a final determination under the Enforce and Protect Act, U.S. Customs and Border Protection has determined that an importer evaded the antidumping duty order on wooden bedroom furniture from China by using a general product description and misclassifying the items as non-covered merchandise.

As a result of this determination CBP will (1) suspend or continue to suspend liquidation of the importer’s entries covered by this investigation, (2) rate adjust entries previously extended, change those entries to type 03, and continue suspension, and (3) evaluate the importer’s continuous bonds and require single transaction bonds as appropriate.

Under CBP regulations implementing the EAPA any interested party, including competing importers and federal government agencies, may submit allegations that AD/CV duties are being evaded; e.g., by misrepresenting the goods’ true country of origin, submitting false or incorrect shipping and entry documentation, or misreporting the goods’ physical characteristics. CBP has broad authority to investigate these claims and can impose initial remedial measures that can interrupt a supply chain in as little as 90 days. Any final determination of evasion may be met with not only AD/CV duties but also other enforcement measures such as civil or criminal investigations.

For more information on AD/CV duty evasion, please contact attorney Kristen Smith at (202) 730-4965 or via email.

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