Navigating the Enforce and Protect Act (EAPA): Steps to Filing a Trade Violation Allegation

The Enforce and Protect Act (EAPA) provides an avenue for U.S. companies to file allegations of trade violations, specifically regarding evasion of antidumping and countervailing duty (AD/CVD) orders. These violations often involve transshipment, undervaluation, or incorrect duty classifications, which enable companies to evade duties owed to the U.S. government.

Filing an EAPA allegation involves several steps, beginning with the submission of a detailed report to U.S. Customs and Border Protection (CBP). The allegation must include all relevant facts and supporting documentation that demonstrate the potential evasion. Common evidence includes trade invoices, shipping records, and documentation of discrepancies between reported and actual prices.

The above EAPA Process Map provides an overview of the timeline and key decisions made during an EAPA investigation.

Once an allegation is filed, CBP will review the information and determine whether an investigation is warranted. During the investigation, CBP may issue interim measures to protect U.S. interests, such as suspending liquidation or requiring cash deposits from the importer in question. This is an important aspect of the EAPA process, as it ensures that evasion tactics are halted while the investigation is ongoing.

Businesses that file EAPA allegations should be prepared for a thorough review process, which may involve providing additional documentation and evidence as requested by CBP. It is important to stay responsive and cooperate fully with the investigation to increase the chances of a favorable outcome. Given the complexity of trade violations, working with our firm can help ensure the accuracy and thoroughness of the submission.

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