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AD/CV Duty Evasion Rule Reflects Law's Transparency Requirements, CBP Says

CBP's interim final rule for new antidumping and countervailing duty evasion processes (see 1608190014) reflected the transparency requirements detailed in the customs reauthorization law's Enforce and Protect Act (EAPA), a CBP spokeswoman said. Sen. Rob Portman, R-Ohio, recently said that…

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the rule might not provide enough transparency (see 1608230016). CBP also "ensured that the [rule] outlines that the parties to the EAPA investigation would be notified at key milestones, such as the initiation, interim measures, referrals to Commerce, consolidation of allegations, and the final determination as to evasion,” she said. “CBP’s regulations also require parties to file public versions of their submissions, which was done in lieu of the statutory authority to institute administrative protective orders. Such extensive measures were undertaken to promote transparency in the proceedings for all parties to the investigation.”