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To paraphrase U.S. Customs and Border Protection (CBP), the Enforce and Protect Act (EAPA) is a “game-changer.” Signed into law in 2015 by President Obama, EAPA has significantly enhanced the U.S. government’s ability to investigate and combat antidumping (AD) and countervailing (CVD) duty evasion. According to CBP, as of October 1, 2020, EAPA has led to 131 investigations, more than 30 foreign on-site visits or verifications and the identification of more than $600 million in AD/CVD duties owed to the U.S. government.
With this enforcement record as a backdrop, CBP has signaled a desire to expand EAPA authority into other compliance areas beyond the investigation of potential evasion of AD/CVD duties. Is another “game-changing” expansion of CBP authority on the horizon in 2021? Below, we review EAPA and discuss what may lie ahead.