What is EAPA (Enforce and Protect Act)?

The Enforce and Protect Act of 2015 gives CBP a formal process to investigate claims that goods covered by an AD/CVD order were entered through evasion: a false country of origin, transshipment through a third country, misclassification or undervaluation. Investigations can start from an allegation by a US competitor or a referral from another federal agency.

If CBP finds reasonable suspicion of evasion, it can impose interim measures while the investigation continues, such as suspending liquidation and requiring cash deposits. A final finding of evasion means AD/CVD duties are assessed on the entries concerned and can lead to further penalties.

Importers can be caught even when the supplier did the evading. A low quote from a third country for a product under a China AD order is a warning sign; ask where the product is actually made and verify it at the factory.

Read next

• Antidumping duties guide
• Factory audit