CBP Finds Suzhou Quality Import and Export Evaded AD/CVD Orders
CBP found substantial evidence that Suzhou Quality Import and Export evaded antidumping and countervailing duty orders on Chinese-origin aluminum extrusions, the agency said Jan. 23. Suzhou Quality imported extruded aluminum fence posts but didn't enter these extrusions as subject to the AD/CVD orders, the announcement said.
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CBP found that Suzhou Quality said it imported aluminum fence components that were China-origin "extruded aluminum products" covered by the AD/CVD order and should have been declared as subject to the order. The importer didn't import the products as a "'finished good kit,'" which would have been excluded from the order, CBP said.
This concludes an Enforce and Protect Act investigation that was announced against Suzhou Quality in July (see 2307050009).
Suzhou Quality didn't cooperate with CBP's investigation, the agency said. The importer didn't respond to CBP's Request for Information despite being given three opportunities to do so, the agency said. The EAPA regulations at 19 C.F.R. 165.6(a) state that if the importer or the foreign producer or exporter of the merchandise "'fails to cooperate and comply to the best of its ability with a RFI made by CBP, CBP may apply an inference adverse to the interests of that party in selecting from among the facts otherwise available to make the determination as to evasion,'" CBP said.
As a result, Suzhou Quality provided no rebuttal of the evidence presented in the investigation and so CBP is "drawing inferences adverse to Suzhou Quality from the information submitted to CBP in the Allegation and other information obtained during CBP’s investigation," the agency said.
CBP will suspend and continue to suspend the entries covered by the investigation "until instructed" to liquidate, the agency said. For the entries that were previously extended for the interim measures, CBP will adjust the rate and "change those entries to type 03 and continue suspension until instructed to liquidate these entries," CBP said. The agency may also evaluate the importer’s "continuous bond in accordance with CBP’s policies," CBP said.
Additional penalties or enforcement actions can still be pursued by CBP and other agencies, CBP said.