Evasion Investigations by Customs Under EAPA: Key Take-Aways

Bloomberg BNA


In this article, Richard Mojica and Patrick Stewart* discuss themes that have emerged from the antidumping and countervailing duty (AD/CVD) investigations by U.S. Customs and Border Protection (CBP) as a result of the Enforce and Protect Act of 2015 (EAPA). The authors review the process of filing an EAPA allegation, the timeline by which the CBP must respond to an allegation, and takeaways from the resulting investigations to date. "EAPA allegations have proven to be an effective avenue of self-help for those harmed by AD/CVD evasion, and represent an increase in potential liability for importers who are wittingly or unwittingly involved in such evasion," Mojica and Stewart wrote. 

*Former Miller & Chevalier attorney