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26 August 2016  
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Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 NOTIFICATION OF LAWS  AND REGULATIONS  UNDER  
ARTICLE  18.5 AND 32.6 OF THE AGREEMENT  
UNITED STATES 
Supplement  
The following communication, dated 25 August 2016, is being circulated at the request of the 
Delegation of the United States . 
 
_______________  
 
 
Pursuant to Article 32.6 of the Agreement on Subsidies and Countervailing Measures and Article 
18.5 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and 
Trade 1994, the United States hereby notifies:  
 
Investigation of Claim s of Evasion of Antidumping and Countervailing Duties, 81 Fed. Reg. 56477 
(22 August 2016).  
 
The United States is notifying a modification to its regulations pertaining to U.S. Customs and 
Border Protection (CBP) regulations to set forth procedures for CBP  to investigate claims of evasion 
of antidumping and countervailing duty orders.  
 
The interim regulations are effective 22 August 2016.  
 
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]  
[Rules and Regulations]  
[Pages 56477 -56490]  
From th e Federal Register Online via the Government Publishing Office [ http://www.gpo.gov/  
[FR Doc No: 2016 -20007]  
-------------------------------------------------------------------------------------------------- ------------  
DEPARTMENT OF HOMELAND SECURITY  
 
Customs and Border Protection  
 
DEPARTMENT OF THE TREASURY  
 
19 CFR Part 165  
 
[USCBP -2016 -0053; CBP Dec. 16 -11] 
RIN 1515 -AE10  
 
Investigation of Claims of Evasion of Antidumping and Countervailing Duties  
 
AGENCY:  U.S. Customs an d Border Protection, Department of Homeland  
Security; Department of the Treasury.  
 
ACTION:  Interim regulations; solicitation of comments.  
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  SUMMAR Y: In accordance with section 421 of the Trade Facilitati on and Trade Enforcement Act 
of 2015, this rule amends the U.S. Customs and Border Protection regulations to set forth 
procedures for CBP to investigate claims of evasion of antidumping and counterva iling duty orders.  
 
DATES:  The interim rule is effective August 22, 2016; comments must be received by 
October  21, 2016.  
 
ADDRESSES:  You may submit comments, identified by docket number, by one of the following 
methods:  
Federal eRulemaking Portal: http://www.regulations.gov .  
Follow the instructions for submitting comments via docket number USCBP -2016-0053.  
Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, 
U.S. Customs and Bo rder Protection, 90 K Street NE., 10th Floor, Washington, DC 20229 -1177.  
Instructions: All submissions received must include the agency name and docket number for 
this rulemaking. All comments received will be posted without change to 
http://www.regulations.gov , including any personal information provided. For detailed instructions 
on submitting comments and additional information on the rulemaking process, see the "Public 
Participation" heading of the SUPPLEMENTA RY INFORMATION section of this document.  
Docket: For access to the docket to read background documents or comments received, go 
to http://www.regulations.gov . Submitted comments may also be inspected during regul ar 
business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial 
Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 
90 K Street NE., 10th Floor, Washington, DC Arrangements to inspect sub mitted comments should 
be made in advance by calling Mr. Joseph Clark at (202) 325 -0118.  
 
FOR FURTHER INFORMATION CONTACT:  Kevin M. McCann, Chief, Analytical  
Communications Branch, Office of Trade, U.S. Customs and Border  
Protection, 202 -863-6078.  
 
SUPPL EMENTARY INFORMATION:  
 
Public Participation  
 
Interested persons are invited to participate in this rulemaking by submitting written data, 
views, or arguments on all aspects of the interim rule. U.S. Customs and Border Protection (CBP) 
also invites comment s that relate to the economic, environmental, or federalism effects that might 
result from this interim rule. Comments that will provide the most assistance to CBP in developing 
these regulations will reference a specific portion of the interim rule, expla in the reason for any 
recommended change, and include data, information, or authority that support such recommended 
change. See ADDRESSES above for information on how to submit comments.  
 
Background  
 
On February 24, 2016, President Obama signed into law th e Trade Facilitation and Trade 
Enforcement Act of 2015 (TFTEA), which contains Title IV -Prevention of Evasion of Antidumping 
and Countervailing Duty Orders (short title "Enforce and Protect Act of 2015"  or "EAPA") (Pub. 
L. 114-125, 130 Stat. 122, 155, Feb.  24, 2016) (19 U.S.C. 4301 note). The EAPA establishes a 
formal process for CBP to investigate allegations of the evasion of AD/CVD orders. Section 421 of 
the EAPA requires that regulations be prescribed as necessary and within 180 days of TFTEA's 
enactmen t to implement the provisions of the EAPA that establish procedures for investigating 
claims of evasion of AD/CVD orders.  
 
Antidumping and Countervailing Duty Orders  
 
The antidumping (AD) law provides for increased duties on imported  
 
[[Page 56478]]  
 
produ cts that the United States International Trade Commission (ITC) has found to have materially 
injured or threatened with material injury a domestic industry and that the United States 
Department of Commerce (Commerce) has found to have been sold in the U.S.  market at prices 
below fair market value. The countervailing duty (CVD) law provides for increased duties on G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  imported products that the ITC has found to have materially injured or threatened with material 
injury a domestic industry and that Commerce has f ound to have benefitted from a countervailable 
subsidy from a foreign government or public entity. Statutory authority for AD and CVD 
investigations derives from Title VII of the Tariff Act of 1930, as amended, 19 U.S.C. 1671 and 
1673.  
If both Commerce and  the ITC issue affirmative final determinations, Commerce issues an 
AD and/or CVD order that establishes cash deposit rates for the additional duties on entries of 
imported merchandise subject to the order. Those entries will be liquidated at the cash depo sit 
rate, unless interested parties request an administrative review to establish a revised and final 
dumping or countervailing duty rate. U.S. Customs and Border Protection is responsible for the 
collection of cash deposits and final duties on imports of subject merchandise.  
 
Evasion of Antidumping and Countervailing Duty Orders  
 
Evasion refers to entering merchandise into the customs territory of the United States for 
consumption by an act or omission that is material and false, and which results in antid umping or 
countervailing duties being reduced or not applied to or collected on such merchandise.  
Examples of evasion could include, but are not limited to, the misrepresentation of the 
merchandise's true country of origin (e.g., through fraudulent country  of origin markings on the 
product itself or false sales), false or incorrect shipping and entry documentation, or misreporting 
of the merchandise's physical characteristics. CBP is responsible for ensuring that the appropriate 
duties are collected on impo rts of merchandise. U.S. Immigration and Customs Enforcement (ICE) 
is responsible for conducting criminal investigations of the evasion of AD/CVD orders.  
Under current customs laws, CBP can take enforcement actions against the evasion of 
AD/CVD orders, whi ch include the assessment of civil penalties against importers who evade such 
orders. However, allegations as to evasion submitted by private parties prior to the 
implementation of the EAPA, did not afford the parties an opportunity to participate in the 
investigation nor did CBP have an obligation to notify parties that submitted allegations of evasion 
as to the outcome of CBP's review.  
 
Enforce and Protect Act of 2015  
 
Section 421 of the EAPA amends the Tariff Act of 1930 by creating a new framework for C BP 
to investigate allegations of evasion of AD/CVD orders, under newly created section 517 
("Procedures for Investigating Claims of Evasion of Antidumping and Countervailing Duty Orders" ). 
Section 421 of the EAPA requires the Commissioner of U.S. Customs a nd Border Protection 
(the Commissioner) to initiate an investigation within 15 business days of receipt of a properly 
filed allegation from an interested party or referral from another Federal agency (hereinafter 
referred to as a " request for an investigat ion" from or by another Federal agency) that reasonably 
suggests that merchandise covered by an AD/CVD order has entered the customs territory of the 
United States through evasion.  
Under the EAPA, when CBP receives properly filed allegations from intereste d parties that 
merchandise covered by an AD/CVD order has entered the United States through evasion, or 
receives requests from Federal agencies for an investigation, the statute requires CBP to take 
certain actions within specified timeframes. The EAPA req uires CBP to determine, not later than 
300 calendar days (or 360 calendar days in extraordinarily complicated cases) after the date of 
initiation of an EAPA investigation, whether there is substantial evidence that merchandise covered 
by an AD/CVD order wa s entered into the customs territory of the United States through evasion.  
The EAPA authorizes CBP to collect such information as is necessary to make the 
determination through such methods as CBP considers appropriate. One such method specifically 
mention ed by the EAPA is the use of questionnaires, which can be used to request information 
from the interested party making the allegation and the government of the foreign country from 
which the allegedly covered merchandise was exported, as well as the import er, foreign producer 
or exporter of the allegedly covered merchandise. The EAPA provides that pursuant to sections 
412(b) and 421(a), CBP may make an adverse inference if the importer, foreign producer or 
exporter of the merchandise under investigation, or  the interested party making the allegation, did 
not act to the best of its ability to provide the information requested by CBP. The EAPA further 
requires CBP, no later than five business days after making a determination, to communicate the 
determination to the interested party who made an allegation that initiated the evasion 
investigation.  
If CBP makes an affirmative determination of evasion, CBP will: (1) Suspend the liquidation 
of unliquidated entries of the covered merchandise that is subject to the d etermination; (2) extend G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  the period for liquidating the unliquidated entries of covered merchandise that entered before the 
initiation of the investigation; (3) when necessary, notify Commerce of the determination and 
request that Commerce determine the ap propriate duty rates for such covered merchandise; (4) 
require importers of covered merchandise to post cash deposits and assess duties on the covered 
merchandise; and/or (5) take such additional enforcement measures as CBP deems appropriate, 
including (bu t not limited to) modifying CBP's procedures for identifying future evasion, 
reliquidating entries as provided by law, and referring the matter to ICE for a possible civil or 
criminal investigation.  
In order to ensure that appropriate duties can be collect ed on entries of covered 
merchandise made during the pendency of an EAPA investigation, the EAPA provides for an interim 
measures mechanism. Under this mechanism, CBP will determine within 90 calendar days of 
initiation of an EAPA investigation whether the re exists reasonable suspicion that covered 
merchandise subject to an allegation was entered through evasion. If CBP determines that such 
reasonable suspicion exists, CBP will: (1) Suspend the liquidation of unliquidated entries of the 
covered merchandise entered after the date of initiation; (2) extend the period for liquidating the 
unliquidated entries of covered merchandise that entered before the initiation of the investigation; 
and (3) take any additional measures necessary to protect the ability to co llect appropriate duties, 
which may include requiring a single transaction bond or posting cash deposits or reliquidating 
entries as provided by law with respect to entries of the covered merchandise. As provided for in 
section 517(b)(6) of the Tariff Act of 1930, as amended by the EAPA (19 U.S.C. 1517(b)(6)), if 
CBP determines during the course of an  
 
[[Page 56479]]  
 
EAPA investigation that the merchandise being investigated poses a health or safety risk, CBP will 
notify the appropriate Federal agencies of  that risk and will exercise its administrative powers, as 
appropriate.  
The EAPA provides a period of 30 business days after a determination for the interested 
party who made the allegation of evasion or the person determined to have entered the covered 
merchandise subject to the evasion determination to request a de novo administrative review. And 
not later than 60 business days after such a request for a review of an initial determination is 
properly filed, CBP must complete the review and issue a final a dministrative determination.  
Section 517(g) of the Tariff Act of 1930, as amended by the EAPA (19 U.S.C. 1517(g)), 
provides that judicial review of the final administrative determination and the original 
determination as to evasion will be available to the  party alleging evasion or the party found to 
have entered merchandise subject to the investigation through evasion. A request for such judicial 
review must be made not later than 30 business days after completion of the final administrative 
determination.  The request for judicial review must be made to the U.S. Court of International 
Trade (CIT).  
In accordance with section 421 of TFTEA requiring that regulations be prescribed as 
necessary to implement these procedures, CBP is amending title 19 of the Code of Federal 
Regulations to create new part 165 setting forth procedures for investigating claims of evasion of 
AD and CVD orders. In these regulations, CBP has endeavored to make the proceedings under the 
EAPA as transparent as possible and to provide for f ull participation and engagement by all parties 
involved in an EAPA proceeding.  
New part 165 is drafted with a scope section followed by four subparts: General Provisions; 
Initiation of Investigations; Investigation Procedures; and Administrative Review of  
Determinations.  
 
Discussion of New Part 165  
 
Scope  
 
Section 165.0 briefly describes the nature of EAPA investigations and the types of 
requirements that are set forth in this part. Investigations under the EAPA will be conducted by 
CBP's Trade Remedy Law Enforcement Directorate (TRLED) which has been established consistent 
with section 411 of the EAPA. It should be noted that investigations under the EAPA are not the 
exclusive means, or only statutory authority, by which CBP can investigate allegations by the 
public or requests by other Federal agencies with respect to the evasion of AD/CVD orders. For 
example, the public currently has the option to make more general allegat ions of evasion through 
CBP's " e-Allegations " system, an official online portal for the public to report violations of the trade G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  laws. This current functionality will remain in e -Allegations, but e -Allegations will also have another 
option for filing allegations of evasion under the EAPA.  
 
Subpart A --General Provisions  
 
Section 165.1 list s definitional terms that are used throughout the new part. It is noted that 
the de finition of "interested party"  includes not only the importer of the covered merchandise who 
is alleged to have engaged in evasion, but also importers of the covered merchan dise who wish to 
bring allegations against competing importers. The term "interested party"  does not include other 
Federal agencies. CBP also notes that the term "domestic like product"  is referenced in the 
definition of "interested party. " CBP will rely o n the definition of this term, as it is applied by the 
U.S. International Trade Commission, pursuant to 19 U.S.C. 1677(10).  
Section 165.2 specifies that entries that may be the subject of an allegation under 
Sec. 165.11 or of a request from a Federal agenc y made under Sec.  165.14 are those entries of 
allegedly covered merchandise made within one year prior to the receipt of such an allegation or 
such a request from a Federal agency. CBP is specifying the one -year period for an EAPA 
investigation in order th at the information required for conducting the investigation and rendering 
a timely determination will be current and readily available. This does not limit CBP's authority, 
however, to act under any other provision of law with respect to information obtai ned during an 
EAPA investigation. For example, CBP has the right to assess penalties pursuant to 19 U.S.C. 1592 
in appropriate cases involving the evasion of AD and CVD orders.  
Section 165.3 identifies the persons that may make submissions on behalf of int erested 
parties and specifies when power of attorney documentation is required. Agents may act on behalf 
of an interested party in an EAPA proceeding, including an importer against whom an allegation 
has been brought. Also, an affiliate of an importer may file documents on the importer's behalf for 
the EAPA proceedings, but nonetheless must be authorized to act as an agent by means of a 
power of attorney. A power of attorney is required when an agent who is not an attorney at law is 
used to make filings und er the EAPA.  
Section 165.4 addresses how an interested party that makes a submission to CBP in an 
EAPA proceeding can protect confidential business information. Examples of the kinds of 
information that may be considered business confidential include: Trad e secrets concerning the 
nature of a product or production process; production costs and other pricing information; and lists 
of customers, distributors, and suppliers. This section also specifies what information must be 
provided to CBP as public informat ion in order to facilitate the consolidation of allegations and 
administration of the proceedings. This section was included in order to protect business 
confidential information while at the same time ensuring transparency so that an alleged evader 
will b e notified of the allegation and parties to the investigation can participate in the proceeding. 
Finally, as there is no administrative protective order (APO) process provided for in the EAPA, 
parties involved in an EAPA proceeding are advised not to submi t information to CBP that they 
obtained exclusively under a protective order from another agency, court, or proceeding unless the 
scope of that protective order explicitly covers the EAPA investigation or proceeding under 
consideration. Accordingly, partie s are advised to exercise caution when submitting information to 
CBP in an EAPA proceeding.  
Section 165.5 sets forth the scope of and general means by which CBP will obtain 
information for EAPA proceedings (which must be submitted electronically). CBP requ ires that only 
English language or English language translations of written submissions will be accepted. Oral 
discussions or communications with CBP will not be considered part of the record unless 
memorialized in written submissions. During CBP's investi gation, it is possible that there will be 
other parties from whom CBP will solicit information and that CBP will put that information on the 
record. Those parties (who are not parties to the in vestigation as defined in Sec. 165.1), however, 
do not have a r ight to participate in the proceedings. Additionally, CBP may, for good cause, grant 
requests for extensions of regulatory (but not statutory) deadlines imposed under this part.  
Section 165.6 provides that CBP may draw adverse inferences both in an EAPA in vestigation 
and in an administrative review of an evasion  
 
[[Page 56480]]  
 
determination when the party making the allegation, the alleged evader, a foreign producer or 
exporter fails to cooperate and comply to the best of its ability with a request for in formation made 
by CBP. It also establishes that adverse inferences may be based on the allegation of evasion; 
other CBP investigations, proceedings or other actions regarding evasion; or any other available G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  information. CBP will not apply an adverse infere nce against a foreign government if the foreign 
government does not respond to a request for information.  
Section 165.7 obligates interested parties to report to CBP any knowledge or reason to 
suspect that the covered merchandise may pose a health or safet y risk to U.S. consumers. It also 
requires CBP to report to the appropriate Federal agencies any health or safety risk that the  
covered merchandise may pose to U.S. consumers.  
 
Subpart B --Initiation of Investigations  
 
Section 165.11 provides the criteria for filing an allegation of evasion pursuant to the EAPA 
and the specific information that must be contained in an allegation. Each allegation may only 
concern one importer (because business confidential information may be involved in an EAPA 
proceeding), although an interested party may file multiple allegations.  
Section 165.11 authorizes CBP to provide technical assistance and guidance to small 
businesses (and to other parties as resources permit) that consider filing an EAPA allegation. It 
also specifies  that technical assistance is available prior to the submission of an allegation to CBP 
in order to ensure that the filing requirements are satisfied. Any technical assistance and guidance 
that are provided, however, will not become part of the record, and  the fact that assistance or 
guidance was provided does not guarantee that CBP will proceed to initiate an EAPA investigation. 
Moreover, such technical assistance and guidance provided by CBP does not include providing 
research assistance to support an all egation of evasion or to identify potential parties that might 
be involved in the evasion of AD or CVD orders.  
Section 165.12 provides that the date of receipt of a properly filed allegation is the date that 
CBP determines that the EAPA allegation contains  all the information and certifications required in 
Sec. 165.11 of this part and transmits notice thereof together with a CBP -assigned control number 
to the party that filed the allegation. CBP will promptly review each allegation as filed for 
sufficiency.  If an allegation is found to be insufficient, the party who filed the allegation will be 
notified of the insufficiencies and be given the opportunity to remedy them. The CBP -assigned 
control number should be used to monitor the status of an allegation thr oughout the pendency of 
the EAPA proceeding. CBP has 15 business days from the date of receipt to determine whether to 
initiate an investigation under the EAPA. A party filing an allegation may withdraw the allegation 
by submitting a request to withdraw th e allegation to the designated email address specified by 
CBP. Decisions regarding whether to initiate an investigation under the EAPA will be effectuated by 
CBP's TRLED. Such decisions are not subject to administrative or judicial review. In the event tha t 
an allegation is withdrawn, CBP may continue to investigate (other than under the EAPA) whether 
evasion has occurred as originally alleged using but not limited to any information obtained 
(including from the party who filed the allegation) prior to the date of the request to withdraw the 
allegation.  
Section 165.13 allows for the consolidation of multiple allegations against one or more 
importers and sets forth criteria for that purpose. It also indicates that the time period to make a 
decision on whether  to investigate is triggered by the first properly filed allegation received by 
CBP. 
As discussed above, requests for an investigation relating to potential evasion of AD/CVD 
orders may be filed by other Federal agencies with CBP. Section 165.14 sets forth  the procedures 
for such requests for an investigation. Federal agencies are not considered a "party to the 
investigation " as defined in Sec.  165.1. It should be noted, however, that other Federal agencies 
may continue to use methods other than under the E APA, as permitted under the law, to inform 
CBP of possible instances of evasion.  
Section 165.15 specifies that CBP will decide if an investigation is warranted based on 
whether the allegation made under Sec.  165.11 or a request from a Federal agency made u nder 
Sec. 165.14 reasonably suggests that evasion has occurred (i.e., the covered merchandise at issue 
has been entered into the customs territory of the United States through evasion). The deadline to 
decide whether to initiate an investigation is 15 busi ness days from the date of receipt by CBP of a 
properly filed allegation or request. If CBP determines that it will initiate an investigation, it will 
notify all known parties to the investigation no later than 95 calendar days after the initiation of 
the investigation. CBP will use this 95 calendar -day period in order to investigate the allegation. 
This timeframe for notification takes into account the dual considerations of transparency and the 
need to provide adequate time for CBP's investigatory process . Alternatively, if CBP determines 
that it will not initiate an investigation, it will notify the interested party who filed the allegation 
within five business days of that determination.  
Section 165.16 specifies that CBP may, at its discretion, refer the  issue to the Department of 
Commerce if there is uncertainty as to whether the goods that are the subject of the allegation are G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  within the scope of the applicable AD/CVD order(s). It also directs that the parties to the 
investigation must be advised of the  date of this referral and the time taken by Commerce to 
decide this issue does not count against any of the deadlines for the EAPA investigation (i.e.,  
the referral to Commerce tolls these deadlines).  
 
Subpart C --Investigation Procedures  
 
As described in  Sec. 165.21, CBP will maintain an electronic administrative record for 
purposes of making a determination as to evasion and conducting an administrative review of the 
determination as described in subpart D of this part.  
Section 165.22 provides that the d etermination as to whether evasion occurred will be made 
within 300 calendar days from the date of initiation of the investigation unless, for an 
extraordinarily complicated case, CBP, at its discretion, extends the deadline by an additional 60 
calendar da ys. This section also sets forth the statutory criteria for extraordinarily complicated 
cases. Notice of such an extension will be provided to all parties to the investigation. CBP will 
strive to ensure compliance with these time periods during the course of an investigation. If CBP 
does not make a determination by the deadline, however, this will not result in a deemed decision 
with respect to whether or not evasion occurred.  
Section 165.23 sets forth the types of and requirements for the submission of fac tual 
information. This information will become part of the administrative record. CBP may obtain factual 
information in a variety of ways. Parties to the investigation may voluntarily submit information to 
CBP or may provide information in response to requ ests by CBP (including in response to 
questionnaires). Interested parties who are not parties to the investigation may provide 
information only in response to requests by CBP.  
 
[[Page 56481]]  
 
Section 165.24 provides that no later than 90 calendar days aft er the initiation of an 
investigation, CBP will suspend the liquidation of entries made on or after the date of initiation of 
the investigation and extend the liquidation for entries made prior to the date of initiation of the 
investigation if there is rea sonable suspicion that evasion has taken place. CBP will give notice to 
the parties to the investigation of any interim measures it takes within five business days after it 
takes such measures.  
Section 165.25 specifies that, at its discretion, CBP has the authority to conduct verifications 
of information collected under Sec.  165.23 of this part, in the United States or in foreign countries 
as is necessary to make its determination. Verifications in foreign countries will be conducted as 
appropriate and cons istent with any agreements or memoranda relating to such activities with the 
foreign government in whose country the proposed verification is scheduled to occur.  
Section 165.26 deals with the ability of parties to the investigation to submit written 
argume nts to CBP in order that they may actively participate in an EAPA proceeding. It provides 
that the parties to the investigation may submit written arguments to CBP and must serve all 
other parties to the investigation by an email message or through any oth er method approved or 
designated by CBP with a public version of the written arguments. Parties to the investigation 
receiving a written argument may file a response within 15 calendar days of the filing of the 
written argument. The party filing a written response must provide it to CBP and serve a public 
version on all other parties to the investigation via an email message or through any other  
method approved or designated by CBP.  
Section 165.27 provides that upon conclusion of the investigation, CBP wil l determine 
whether there is substantial evidence based upon the record that evasion of an AD/CVD order has 
occurred. Within five business days of CBP's initial determination as to evasion, CBP will issue 
notice of its determination to the interested party  or parties who made the allegation and to the 
importer alleged to have evaded an AD/CVD order. This section also addresses action by CBP in 
the event of a negative determination.  
Section 165.28 discusses what actions CBP may take if there is an affirmativ e determination 
as to evasion.  
 
Subpart D --Administrative Review of Determinations  
 
Subpart D specifies the requirements for requesting an administrative review of an initial 
determination. Under Sec.  165.41, any party to the investigation has up to 30 bus iness days after 
the date the initial determination is issued to request an administrative review of that 
determination by Regulations and Rulings, Office of Trade. Parties seeking review of the initial G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  determination must serve all other parties to the inv estigation with a public version of the request 
via an email message or through any other method approved or designated by CBP.  
Under Sec.  165.42, parties to the investigation are given an opportunity to submit responses 
to the request for administrative r eview.  
Section 165.43 provides that any requests for review and responses to requests for review 
will remain part of the administrative record and cannot be withdrawn.  
Section 165.44 provides that Regulations and Rulings may request additional written 
information from the parties to the investigation at any time during the administrative review 
process.  
Section 165.45 describes that under an administrative review the initial determination will 
be reviewed de novo. The final administrative determination will  be issued within 60 business days 
from the date of request for review. The review will be based upon the  administrative record 
developed during the initial investigation period and any requests for administrative review and 
responses to those requests.  
Section 165.46 states that Regulations and Rulings will issue a final administrative 
determination to all parties to the investigation. The final administrative determination is subject 
to judicial review in accordance with section 421 of the EAPA.  
Finally, Sec. 165.47 notifies the public that nothing within this part precludes CBP from 
taking any action authorized under the law, such as assessing penalties under 19 U.S.C. 1592.  
 
Inapplicability of Notice and Delayed Effective Date Requirements  
 
Under the Adm inistrative Procedure Act (APA) (5 U.S.C. 553), agencies generally are 
required to publish a notice of proposed rulemaking in the Federal Register that solicits public 
comments on the proposed regulatory amendments and consider public comments in deciding on 
the content of the final amendments. Section 553(b)(A) of the APA, however, provides that the 
standard prior notice and comment procedures do not apply to an agency rulemaking to the extent 
that the rule is a rule of procedure.  
The substantive provision s of the EAPA have been established by Congress, and these 
regulations set forth the procedures for implementing the statute and do not include substantive 
requirements. Although CBP could issue this as a final rule without prior notice and comment, CBP 
is soliciting comments in this interim rule and will consider all comments received before issuing a 
final rule.  
 
Statutory and Regulatory Requirements  
 
Executive Orders 13563 and 12866  
 
Executive Orders 13563 and 12866 direct agencies to assess the costs an d benefits of 
available regulatory alternatives and, if regulation is necessary, to select regulatory approaches 
that maximize net benefits (including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). E xecutive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule is not a "significant regulatory action, " as defined in section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed this regulation.  
 
Regulatory Flexibility Act  
 
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business 
Regulatory Enforcement and Fairness Act of 1996, requires an agency to prepare an d make 
available to the public a regulatory flexibility analysis that describes the effect of a proposed rule 
on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions) 
when the agency is required to publish a gen eral notice of proposed rulemaking for a rule. Since a 
general notice of proposed rulemaking is not necessary for this rule, CBP is not required to prepare 
a regulatory flexibility analysis for this rule.  
 
Paperwork Reduction Act  
 
An agency may not conduct , and a person is not required to respond to, a collection of 
information unless the collection of information displays a valid control number assigned by OMB.  
OMB approved collection 1651 -0131 will be amended to reflect the additional respondents for e -G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
- 9 - 
 
  Allegations and the three new questionnaires for EAPA requirements as described above in 
accordance with 19 CFR 165.5(a) and 165.23(a). We estimate that this rule will  
 
[[Page 56482]]  
 
result in an additional 419 responses annually and an additional 9,386 bu rden hours. The revision 
to the information collection includes 44 additional e -Allegations which is in addition to the 
previously approved 1,600 total e -Allegation submissions annually (for a total of 1,644 e -
Allegation submissions). It also establishes n ew questionnaires for allegers of AD/CVD violations, 
alleged evaders of AD/CVD orders, and other interested parties, such as the foreign producer or 
exporter or a foreign government. This revision to this information collection includes 150 new 
alleger que stionnaires annually, 150 new alleged evader questionnaires annually, and 75 new 
other interested party questionnaires annually. The other interested party could be a foreign 
producer or exporter or foreign government, or any other interested party. Collec tion 1651 -0131 
will be revised to reflect the increased burden hours for each additional e -Allegation submission 
and EAPA questionnaire added to e -Allegations as follows:  
 
E-Allegations  
 
Estimated number of annual respondents: 44.  
Estimated number of annua l responses: 44.  
Estimated time burden per response: 15 minutes (.25 hours).  
Estimated total annual time burden: 11 hours.  
 
Alleger Questionnaire  
 
Estimated number of annual respondents: 150.  
Estimated number of annual responses: 150.  
Estimated time burden  per response: 25 hours.  
Estimated total annual time burden: 3,750 hours.  
 
Alleged Evader Questionnaire  
 
Estimated number of annual respondents: 150.  
Estimated number of annual responses: 150.  
Estimated time burden per response: 25 hours.  
Estimated total a nnual time burden: 3,750 hours.  
 
Other Interested Party Questionnaire  
 
Estimated number of annual respondents: 75.  
Estimated number of annual responses: 75.  
Estimated time burden per response: 25 hours.  
Estimated total annual time burden: 1,875 hours.  
 
Comments concerning the collections of information and the accuracy of the estimated 
annual burden, and suggestions for reducing that burden, should be directed to the Office of 
Management and Budget, Attention: Desk Officer for the Department of the Treasury , Office of 
Information and Regulatory Affairs, Washington, DC 20503. A copy should also be sent to the 
Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs 
and Border Protection, 90 K Street NE., 10th Floor, Wash ington, DC 20229 -1177.  
 
Signing Authority  
 
This document is being issued in accordance with Sec.  0.1(a)(1) of the CBP regulations (19 
CFR 0.1(a)(1)) pertaining to the authority of the Secretary of the Treasury (or his or her delegate) 
to approve regulation s related to certain customs revenue functions.  
 
List of Subjects in 19 CFR Part 165  
 
Administrative practice and procedure, Business and industry, Customs duties and 
inspection.  G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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Amendments to the Regulations  
 
0 
For the reasons set forth above, chapter I of title 19, Code of Fede ral Regulations (19 CFR 
chapter  I), is amended by adding part 165 to read as follows:  
 
PART 165 --INVESTIGATION OF CLAIMS OF EVASION OF ANTIDUMPING AND  
COUNTERVAILING DUTIES  
 
Sec. 
165.0 Scope.  
Subpart A --General Provisions  
165.1 De finitions.  
165.2 Entries subject to this part.  
165.3 Power of attorney.  
165.4 Release of information provided by interested parties.  
165.5 Obtaining and submitting information.  
165.6 Adverse inferences.  
165.7 Protection of public health and safety.  
Subpart  B--Initiation of Investigations  
165.11 Allegations by interested parties.  
165.12 Receipt of allegations.  
165.13 Consolidation of allegations.  
165.14 Other Federal agency requests for investigations.  
165.15 Initiation of investigations.  
165.16 Referrals to  Department of Commerce.  
Subpart C --Investigation Procedures  
165.21 Administrative record.  
165.22 Time for investigation.  
165.23 Submission of factual information.  
165.24 Interim measures.  
165.25 Verifications of information.  
165.26 Written argument.  
165.2 7 Determination as to evasion.  
165.28 Assessment as to duties owed; other actions.  
Subpart D --Administrative Review of Determinations  
165.41 Filing a request for review of the initial determination.  
165.42 Responses to requests for administrative review.  
165.43 Withdrawal.  
165.44 Additional information.  
165.45 Standard for administrative review.  
165.46 Final administrative determination.  
165.47 Potential penalties and other actions.  
 
 Authority: 19 U.S.C. 66, 1481, 1484, 1508, 1517 (as added by Pub. L. 114 -125, 130 Stat. 
122, 155 (19 U.S.C. 4301 note)), 1623, 1624, 1671, 1673.  
 
Sec. 165.0  Scope.  
 
This part relates to allegations by the public and requests from Federal agencies for an 
investigation regarding the evasion of antidumping (AD) and countervailing duty (CVD) orders and 
the procedures by which CBP investigates such claims consistent with the Trade Facilitation and 
Trade Enforcement Act of 2015 (TFTEA), which contains Title IV -Prevention of Evasion of 
Antidumping and Countervailing Duty Orders (short title "Enforce and Protect Act of 2015 " or 
"EAPA") (Pub. L. 114 -125, 130 Stat. 122, 155, Feb. 24, 2016) (19 U.S.C. 4301 note). This part 
includes the requirements for the filing of allegations and requests for investigations, the 
investigation procedures, and administrative review of determinations as to evasion of AD/CVD 
orders under the EAPA. The procedures under this part are not the exclusive manner by which CBP 
may receive allegations or requests for an investigation from Federal agencies or investigat e such 
allegations or requests with respect to the evasion of AD/CVD orders. An investigation as 
described in this part, if initiated by CBP, does not preclude CBP or any other government entity G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  from initiating any other investigation or proceeding pursuan t to any other provision of law, 
including proceedings initiated under 19 U.S.C. 1592.  
 
Subpart A --General Provisions  
 
Sec. 165.1   Definitions.  
 
As used in this part, the following terms will have the meanings indicated unless either the 
context in which t hey are used requires a different meaning or a different definition is prescribed 
for a particular section of this part:  
Allegation. The term "allegation " refers to a filing with CBP under Sec.  165.11 by an 
interested party that alleges an act of evasion b y an importer of AD/CVD orders.  
 
[[Page 56483]]  
 
AD. The term "AD" refers to antidumping duty, consistent with section 736, Tariff Act of 
1930, as amended (19 U.S.C. 1673e).  
AD/CVD. The term "AD/CVD " refers to antidumping/countervailing duty, as these term s are 
defined in this section.  
Covered merchandise. The term "covered merchandise " means merchandise that is subject 
to a CVD order issued under section 706,  
Tariff Act of 1930, as amended (19 U.S.C. 1671e), and/or an AD order issued under section 736, 
Tariff Act of 1930, as amended (19 U.S.C. 1673e).  
CVD. The term "CVD" refers to countervailing duty, consistent with section 706, Tariff Act 
of 1930, as amended (19 U.S.C. 1671e).  
Enter or entry. The terms "enter " and "entry " refer to the entry for consumpti on, or 
withdrawal from warehouse for consumption, of merchandise in the customs territory of the United 
States, see Sec.  101.1 of this chapter, or to the filing with CBP of the necessary documentation to 
withdraw merchandise from a duty -deferral program in  the United States for exportation to 
Canada or Mexico or for entry into a duty -deferral program in Canada or Mexico, see Sec. 
Sec. 141.0a(f) and 181.53 of this chapter.  
Evade or evasion. The terms "evade " and "evasion " refer to the entry of covered 
mercha ndise into the customs territory of the United States for consumption by means of any 
document or electronically transmitted data or information, written or oral statement, or act that is 
material and false, or any omission that is material and that result s in any cash deposit or other 
security or any amount of applicable antidumping or countervailing duties being reduced or not 
being applied with respect to the covered merchandise.  
Interested party. The term "interested party " in this part refers only to t he following:  
(1) A foreign manufacturer, producer, or exporter, or any importer (not limited to importers 
of record and including the party against whom the allegation is brought), of covered merchandise 
or a trade or business association a majority of th e members of which are producers, exporters, or 
importers of such merchandise;  
(2) A manufacturer, producer, or wholesaler in the United States of a domestic like product;  
(3) A certified union or recognized union or group of workers that is representative  of an 
industry engaged in the manufacture, production, or wholesale in the United States of a domestic 
like product;  
(4) A trade or business association a majority of the members of which manufacture, 
produce, or wholesale a domestic like product in the U nited States;  
(5) An association a majority of the members of which is composed of interested parties 
described in paragraphs (2), (3), and (4) of this definition with respect to a domestic like product; 
or, 
(6) If the covered merchandise is a processed ag ricultural product , as defined in 19 
U.S.C.  1677(4)(E), a coalition or trade association that is representative of any of the following: 
processors; processors and producers; or processors and growers.  Investigation. The term 
"investigation " refers to the CBP administrative process described in subpart C of this part, and is 
a formal investigation within the meaning of section 592(c)(4), Tariff Act of 1930, as amended (19 
U.S.C. 1592(c)(4)).  
Parties to the investigation. The phrase "parties to the investiga tion" means the interested 
party (or interested parties, in the case of consolidation pursuant to Sec.  165.13) who filed the 
allegation of evasion and the importer (or importers, in the case of consolidation pursuant to 
Sec. 165.13) who allegedly engaged i n evasion. In the case of investigations initiated based upon G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
- 12 - 
 
  a request from a Federal agency, parties to the investigation only refers to the importer or 
importers who allegedly engaged in evasion, and not the Federal agency.  
Regulations and Rulings. The term "Regulations and Rulings " means the Executive  Director, 
Regulations and Rulings, Office of Trade, or his or her designee.  
TRLED. The term "TRLED " refers to the Trade Remedy Law Enforcement Directorate, Office 
of Trade, that conducts the investigation of alleged evasion under this part, and that was 
established as required by section 411 of the EAPA.  
 
Sec. 165.2   Entries subject to this part.  
 
Entries that may be the subject of an allegation made under Sec.  165.11 or a request for an 
investigation under  Sec. 165.14 are those entries of allegedly covered merchandise made within 
one year before the receipt of an allegation under Sec.  165.11 or of a request for an investigation 
under Sec.  165.14. In addition, at its discretion, CBP may investigate other ent ries of such covered 
merchandise.  
 
Sec. 165.3  Power of attorney.  
 
(a) When required. Any submission made under this part other than by a principal or its 
employees may be filed by a person acting as agent or attorney in fact for the principal; a power 
of attorney must specifically authorize such person to make, sign, and file the submission or grant 
unlimited authority to such person.  
(b) Exception. No power of attorney is required for an attorney at law to act as agent or 
attorney for the principal. The si gning of a submission as agent or attorney for the principal by the 
attorney at law will be considered a declaration by the attorney that the attorney is currently an 
active member in good standing of the highest court of a state, possession, territory, 
commonwealth, or the District of Columbia, and has been authorized to sign and file the 
submission for the principal.  
(c) Execution --(1) Corporation. A corporate power of attorney to file the submissions 
described in paragraph (a) of this section must be sig ned by a duly authorized officer or employee 
of the corporation.  
(2) Partnership. A partnership power of attorney to file the submissions described in 
paragraph (a) of this section must be signed by at least one member in the name of the 
partnership or by at least one duly authorized employee of the partnership, provided the power 
recites the name(s) of all of the members.  
(3) Other persons. A power of attorney filed by a person other than a corporation or 
partnership must be signed by that person or an emp loyee of that person who has the legal 
authority to act on that person's behalf when filing the submissions described in paragraph (a) of 
this section.  
(d) Revocation. Any power of attorney will be subject to revocation at any time by written 
notice given to and received by CBP, Office of Trade.  
(e) Proof. CBP will require proof of execution of a power of attorney, where applicable, the 
first time that an agent makes a submission on behalf of any interested party during an 
investigation or administrative re view of a determination as to evasion. CBP may require proof of 
authority to execute a power of  attorney pursuant to paragraph (c) of this section, at any point 
during the proceedings described in this part.  
 
Sec. 165.4   Release of information provided by interested parties.  
 
(a) Claim for business confidential treatment. Any interested party that makes a submission 
to CBP in connection with an investigation under this part, including for its initiation and 
administrative review, may request that CBP treat any part of the submission as  
 
[[Page 56484]]  
 
business confidential information except for the information specified in paragraph (c) of this 
section. Business confidential treatment will be granted if the requirements of this section are 
satisfied and th e information for which protection is sought consists of trade secrets and 
commercial or financial information obtained from any person, which is privileged or confidential in 
accordance with 5 U.S.C. 552(b)(4).  
(1) Identification of business confidential information. An interested party submitting 
information must identify the information for which business confidential treatment is claimed by G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
- 13 - 
 
  enclosing the claimed confidential information within single brackets. The first page of any 
submission containing  business confidential information must clearly state that the submission 
contains business confidential information. The submitting interested party must also provide with 
the claimed business confidential information an explanation of why each item of br acketed 
information is entitled to business confidential treatment.  
(2) Public version. An interested party filing a submission containing claimed business 
confidential information must also file a public version of the submission. The public version must 
be filed on the same date as the business confidential version and contain a summary of the 
bracketed information in sufficient detail to permit a reasonable understanding of the substance of 
the information. If the submitting interested party claims that summarization is not possible, the 
claim must be accompanied by a full explanation of the reasons supporting that claim. The public 
version must be clearly marked as a public version on the first page.  
(b) Nonconforming submissions. CBP will reject a submi ssion that includes a request for 
business confidential treatment but does not meet the requirements of paragraph (a) of this 
section.  
(1) Notice of rejection. If CBP determines that the claim of confidentiality is nonconforming, 
it will treat the relevant  portion of the submission as business confidential information until the 
appropriate corrective action is taken or the submission is rejected.  
(2) Corrective action. The submitting interested party may take any of the following actions 
within two business  days after receiving CBP's notice of rejection:  
(i) Correct the problems and resubmit the information by an email message or through any 
other method approved or designated by CBP;  
(ii) If CBP denies a request for business confidential treatment, agree to  have the 
information in question treated as public information;  
(iii) Submit other material concerning the subject matter in lieu of the rejected information.  
(3) Effects of rejection. If the submitting interested party does not take any of the actions in  
paragraph (b)(2) of this section, CBP will not consider the rejected submission and, if applicable, 
adverse inferences may be drawn pursuant to Sec.  165.6.  
(c) Information that will not be protected as confidential. The following information provided 
by a party to the investigation in an allegation of evasion will not be protected as business 
confidential information and will be treated as public pursuant to the certification of informed 
consent referenced in Sec.  165.11(c):  
(1) Name of the party to the in vestigation providing the information and identification of the 
agent filing on its behalf, if any, and email address for communication and service purposes;  
(2) Specification as to the basis upon which the party making the allegation qualifies as an 
interested party as defined in Sec.  165.1;  
(3) Name and address of importer against whom the allegation is brought;  
(4) Description of covered merchandise; and  
(5) Applicable AD/CVD orders.  
(d) Certification. In accordance with paragraph (a)(2) of this section,  when providing a 
public version of their submissions, interested parties must certify that the information they are 
providing is either their own information (i.e., information from their own business records and not 
business confidential information of a nother entity) or information that was publicly obtained or in 
the public domain.  
(e) Information placed on the record by CBP. Any information that CBP places on the 
administrative record, when obtained other than from an interested party subject to the 
requirements of this section, will include a public summary of the business confidential information 
as described in paragraph (a)(2) of this section, when applicable.  
 
Sec. 165.5  Obtaining and submitting information.  
 
(a) Obtaining of information by CBP. In  obtaining information necessary to carry out its 
functions and duties under this part, CBP may employ any means authorized by law. In general, 
CBP will obtain information from its own files, from other agencies of the United States 
Government, through que stionnaires and correspondence, and through field work by its officials.  
(b) Submissions to CBP. The following requirements pertain to all parties who knowingly 
make submissions covered in this part:  
(1) Form. All submissions to CBP must be in writing in t he English language or accompanied 
by an adequate English language translation as they will be part of the record for proceedings and 
determinations covered in this part. Oral discussions or communications with CBP will not be 
considered part of the record , unless they are memorialized in a written document that is placed 
on the record. All submissions must be made electronically to the designated email address G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
- 14 - 
 
  specified by CBP for purposes of the investigation or through any other method approved or 
design ated by CBP.  
(2) Certifications. Every written submission made to CBP by an interested party under this 
part must be accompanied by the following certifications from the person making the submission:  
(i) "On behalf of the party making this submission, I ce rtify that all statements in this 
submission (and any attachments) are accurate and true to the best of my knowledge and belief. " 
(ii) "On behalf of the party making this submission, I certify that any information for which I 
have not requested business co nfidential treatment pursuant to 19 CFR 165.4(a), may be released 
for public consumption. " 
(iii) "On behalf of the party making this submission, I certify that I will advise CBP promptly 
of any knowledge of or reason to suspect that the covered merchandise  poses any health or safety 
risk to U.S. consumers pursuant to 19 CFR 165.7(a). " 
(3) False statement. Any interested party that provides a material false statement or makes 
a material omission or otherwise attempts to conceal material facts at any point in  the proceedings 
may be subject to adverse inferences (see Sec.  165.6) and prosecution pursuant to 18 U.S.C. 
1001.  
(c) Compliance with CBP time limits --(1) Requests for extensions. CBP may, for good cause, 
extend any regulatory time limit if a party reques ts an extension in a separate, stand -alone 
submission and states the reasons for the request. Such requests must be submitted no less than 
three business days before the time limit expires unless there are extraordinary circumstances. An 
extraordinary circ umstance is an unexpected event that could not have  
 
[[Page 56485]]  
 
been prevented even if reasonable measures had been taken. It is within CBP's reasonable 
discretion to determine what constitutes extraordinary circumstances, what constitutes good 
cause,  and to grant or deny a request for an extension.  
(2) Rejection of untimely submissions. If a submission is untimely filed, then CBP will not 
consider or retain it in the administrative record and adverse inferences may be applied, if 
applicable.  
 
Sec. 165.6  Adverse inferences.  
 
(a) In general. If the party to the investigation that filed an allegation, the importer, or the 
foreign producer or exporter of the covered merchandise fails to cooperate and comply to the best 
of its ability with a request for in formation 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 pursuant to Sec.  165.27 and subpart D of this part.  
(b) Other adverse inf erences. CBP may also apply an inference adverse to the interests of a 
party based on a prior determination in another CBP investigation, proceeding, or action that 
involves evasion with respect to AD/CVD orders, or any other available information.  
(c) App lication. An adverse inference described in this section may be used with respect to 
the importer of the covered merchandise, or the foreign producer or exporter of the covered 
merchandise without regard to whether another party involved in the same transa ction or 
transactions under examination has provided the information sought by CBP, such as import or 
export documentation.  
 
Sec. 165.7  Protection of public health and safety.  
 
(a) Notification to CBP. Any interested party, including an importer, must prom ptly notify 
CBP if it has knowledge or reason to suspect that the covered merchandise may pose a health or 
safety risk to U.S. consumers at any point during the proceedings described in this part.  
(b) Transmission by CBP. During the course of an investigat ion or administrative review of a 
determination as to evasion under this part, CBP will consider whether the covered merchandise 
may pose a health or safety risk to U.S. consumers and will take into account any notification 
received under paragraph (a) of this section. CBP will promptly transmit information to the 
appropriate Federal agencies for purposes of mitigating the risk and will exercise its administrative  
powers, as appropriate.  
 
Subpart B --Initiation of Investigations  
 
Sec. 165.11  Allegations by interested parties.  G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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(a) Filing of allegation. Any interested party, as defined in Sec.  165.1, may file an allegation 
that an importer of covered merchandise has evaded AD/CVD orders. An allegation must be filed 
electronically through the appropriate porta l on CBP's online e -Allegations system or through any 
other method approved or designated by CBP. Each allegation must be limited to one importer, but 
an interested party may file multiple allegations. An allegation must satisfy the requirements in 
paragra phs (b) through (d) of this section.  
(b) Contents. An allegation of evasion must include, but is not limited to, the following 
information:  
(1) Name of the interested party making the allegation and identification of the agent filing 
on its behalf, if any,  and the email address for communication and service purposes;  
(2) An explanation as to how the interested party qualifies as an interested party pursuant 
to Sec.  165.1;  
(3) Name and address of importer against whom the allegation is brought;  
(4) Descripti on of the covered merchandise;  
(5) Applicable AD/CVD orders; and  
(6) Information reasonably available to the interested party to support its allegation that the 
importer with respect to whom the allegation is filed is engaged in evasion.  
(c) Certifications . An allegation must also be accompanied by the certifications required 
under Sec.  165.5(b) and the following statement of informed consent from the person making the 
submission: "I certify my understanding and consent that the information provided for in 
Sec. 165.11(b)(1) through (5) may be released for public consumption. " 
(d) Signature. The person signing the allegation on behalf of the interested party must 
include his or her name, position in the company or other affiliation, and provide contact 
inform ation. Electronic submission of this information will be considered "signed " for  
purpose of filing the allegation.  
(e) Technical assistance and guidance --(1) Availability. CBP will provide technical assistance 
and guidance for the preparation of an allega tion of evasion and its submission to CBP, as 
described in this section.  
(i) Small businesses. Small businesses are entitled to technical assistance upon request. In 
general, small businesses are eligible to make such requests if they have neither adequate  internal 
resources nor financial ability to obtain qualified outside assistance in preparing and submitting for 
CBP's consideration allegations of evasion. Small businesses must satisfy the applicable standards 
set forth in 15 U.S.C. 632 and implemented i n 13 CFR part 121.  
(ii) Other parties. Other parties may request technical assistance, which CBP may provide if 
resources are reasonably available.  
(2) Requests. Requests for technical assistance may be made at any time via the email 
address designated on CBP's online e -Allegations system or through any other method approved or 
designated by CBP.  
(3) Limitations. The act of providing technical assistance is not part of the record for the 
investigation, nor does it compel a decision by CBP to initiate an inv estigation pursuant to 
Sec. 165.15.  
 
Sec. 165.12   Receipt of allegations.  
 
(a) Date of receipt. The "date of receipt " of a properly filed allegation is the date on which 
CBP provides an acknowledgment of receipt of an allegation containing all the informat ion and 
certifications required in Sec.  165.11, together with a CBP -assigned control number, to the party 
that filed the allegation. CBP has 15 business days from the date of receipt to determine whether 
to initiate an investigation under the EAPA.  
(b) Wit hdrawal. An allegation may be withdrawn by the party that filed it if that party 
submits a request to withdraw the allegation to the designated email address specified by CBP.  
 
Sec. 165.13  Consolidation of allegations.  
 
(a) In general. Multiple allegations  against one or more importers may be consolidated into 
a single investigation at CBP's discretion. Consolidations may be made at any point prior to the 
issuance of a determination as to evasion with respect to a particular importer. If multiple 
allegation s are received and consolidated prior to the initiation of an investigation, then the date of 
receipt of the first properly filed allegation will start the time period for the deadline to initiate the 
investigation described in Sec.  165.15 with respect to that allegation.  G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  (b) Criteria. CBP may consolidate multiple allegations if warranted based on the 
consideration of certain factors. The factors that CBP may consider include, but are not limited to, 
whether the multiple allegations involve:  
(1) Relationshi ps between the importers;  
 
[[Page 56486]]  
 
(2) Similarity of covered merchandise;  
(3) Similarity of AD/CVD orders; and  
(4) Overlap in time periods for entries of covered merchandise.  
(c) Notice. Notice of consolidation will be promptly transmitted to all p arties to the 
investigation if consolidation occurs at a point in the investigation after which they have already 
been notified of the ongoing investigation. Otherwise, parties will be notified no later than 95 
calendar days after the date of initiation of  the investigation.  
(d) Service requirements for other parties to the investigation. Upon notification of 
consolidation, parties to the consolidated investigation must serve via an email message or 
through any other method approved or designated by CBP upo n the newly added parties to the 
investigation the public versions of any documents that were previously served upon parties to the 
unconsolidated investigation. Service must take place within five business days of the notice of 
consolidation.  
 
Sec. 165.14  Other Federal agency requests for investigations.  
 
(a) Requests for investigations. Any other Federal agency, including the Department of 
Commerce or the United States International Trade Commission, may request an investigation 
under this part. CBP will initiate an investigation if the Federal agency has provided information 
that reasonably suggests that an importer has entered covered merchandise into the customs 
territory of the United States through evasion, unless the agency submits a request to withd raw to 
the designated email address specified by CBP.  
(b) Contents of requests. The following information must be included in the request for an 
investigation:  
(1) Name of importer against whom the allegation is brought;  
(2) Description of the covered merc handise;  
(3) Applicable AD/CVD orders;  
(4) Information that reasonably suggests that an importer has entered covered merchandise 
into the customs territory of the United States through evasion;  
(5) Identification of a point of contact at the agency; and  
(6) Notification of any knowledge of or reason to suspect that the covered merchandise 
poses any health or safety risk to U.S. consumers.  
(c) Receipt of requests. Requests for an investigation must be filed electronically via CBP's 
online e -Allegations syste m or through any other method approved or designated by CBP. The 
date of receipt is the date that CBP transmits notice of the assigned control number to the Federal 
agency that filed the request.  
(d) Notice of release of information --(1) Public information . CBP will treat the information 
required by paragraphs (b)(1) through (3) of this section as public information.  
(2) Business confidential treatment. CBP will create a public summary of the information 
required by paragraphs (b)(4) and (6) of this section . 
(e) Access to investigation. The Federal agency is not a party to the investigation. Therefore, 
it will neither receive official notice of developments after CBP's receipt of the request for an 
investigation nor will it receive service of any documents f iled by interested parties. Only the 
parties to the investigation will be entitled to notice and service, as well as the related rights to 
administrative review and judicial review.  
 
Sec. 165.15   Initiation of investigations.  
 
(a) Time for determination. C BP will make a determination as to whether to initiate an 
investigation on or before the 15th business day after the date on which a properly filed allegation 
is received under Sec.  165.12(a) or a request for an investigation is received from a Federal 
agency under Sec.  165.14.  
(b) Criteria for initiation. CBP will initiate an investigation under subpart C of this part if the 
following criteria are satisfied:   (1) Nature of merchandise. The covered merchandise described in 
the allegation or Federal agency r equest for an investigation is properly within the scope of an G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  AD/CVD order. If CBP lacks sufficient information to make such determination as to the scope of 
the order, then it will refer the matter to the Department of Commerce pursuant to Sec.  165.16.  
(2) Likelihood of evasion. The information provided in the allegation or Federal agency 
request for an investigation reasonably suggests that the covered merchandise has been entered 
for consumption into the customs territory of the United States through ev asion as it is defined in 
Sec. 165.1.  
(c) Exceptions. Even if the criteria in paragraph (b) of this section are satisfied, CBP will not 
initiate an investigation under the following circumstances:  
(1) Clerical error. A clerical error, as defined in 19 U.S. C. 1517(a)(5)(B), is not evasion, 
although CBP will take appropriate actions to ensure that AD/CVD duties are assessed and 
collected.  
(2) Withdrawal. An allegation or a request for an investigation from another Federal agency 
may be withdrawn pursuant to t he requirements of Sec.  165.12(b) or Sec.  165.14(a), as 
applicable.  
(d) Notification of the investigation. If CBP determines that it will not initiate an 
investigation, it will notify the interested party who filed the allegation within five business days of 
that determination. Otherwise, the parties to the investigation will be notified consistent with the 
following time limits:  
(1) In general. CBP will issue notification of its decision to initiate an investigation to all 
parties to the investigation no l ater than 95 calendar days after the decision has been made, and 
the actual date of initiation will be specified therein. However, notification to all parties to the 
investigation will occur no later than five business days after interim measures are taken  pursuant 
to Sec.  165.24.  
(2) Consolidated allegations. If multiple allegations are consolidated, any interested party 
who filed an allegation after initiation of an investigation will be notified by CBP of the date of the 
decision to initiate an investiga tion when that party receives notice of consolidation under 
Sec. 165.13(c).  
(e) Record of the investigation. If an investigation is initiated pursuant to subpart B of this 
part, then the information considered by CBP prior to initiation will be part of the  administrative 
record pursuant to Sec.  165.21.  
 
Sec. 165.16   Referrals to Department of Commerce.  
 
(a) When required. A referral is required if at any point after receipt of an allegation, CBP 
cannot determine whether the merchandise described in an alleg ation is properly within the scope 
of an antidumping or countervailing duty order.  
(b) Referral. The referral may contain any necessary information available to CBP regarding 
whether the merchandise described in an allegation is subject to the relevant AD/ CVD orders.  
(c) Notice of referral. TRLED will promptly notify the parties to the investigation of the date 
of the referral.  
(d) Effect on investigation. The time period required for any referral and determination by 
the Department of Commerce will not be counted toward the deadlines for CBP to decide on 
whether to initiate an investigation under Sec.  165.15 or the deadline to issue a determination as 
to evasion under Sec.  165.27.  
 
[[Page 56487]]  
 
(e) Notice of decision. CBP will place the determination by the Department of Commerce on 
the administrative record of CBP's proceeding and will electronically notify the parties to the 
investigation.  
 
Subpart C --Investigation Procedures  
 
Sec. 165.21   Administrative record.  
 
(a) Administrative record. CBP will main tain a record for purposes of making a determination 
as to evasion under Sec.  165.27 and conducting an administrative review under Sec.  165.46. The 
administrative record will contain all of the following, if applicable, but is not limited to:  
(1) Materials  obtained and considered by CBP during the course of an investigation under 
this part;  
(2) Factual information submitted pursuant to Sec.  165.23;   (3) Information obtained during 
and the results of any verification conducted pursuant to Sec.  165.25;  G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  (4) Ma terials from other agencies provided to CBP pursuant to the investigation;  
(5) Written arguments submitted pursuant to Sec.  165.26 and subpart D of this part; and  
(6) Summaries of oral discussions with interested parties relevant  
to the investigation purs uant to Sec.  165.23.  
(b) Maintenance of the record. CBP will maintain the administrative record of each 
investigation or review conducted by CBP pursuant to this part. All information properly filed with 
CBP pursuant to Sec. Sec.  165.4 and 165.5 will be pl aced on the administrative record. CBP will 
not consider in its determinations or include on the administrative record any information that is 
not properly filed with CBP.  
 
Sec. 165.22   Time for investigations.  
 
(a) Time for determination. Unless CBP has e xtended the deadline in accordance with 
paragraph (c) of this section or due to a referral to the Department of Commerce pursuant to Sec.  
165.16, CBP will make a determination under Sec.  165.27 not later than 300 calendar days after 
the date on which CBP i nitiates an investigation under Sec.  165.15 with respect to whether 
covered merchandise was entered through evasion.  
(b) Time for determination with consolidated allegations. If CBP consolidates multiple 
allegations under Sec.  165.13 into a single investig ation under Sec.  165.15, the date on which CBP 
receives the first of such allegations will be used for the purposes of the requirement under 
paragraph (a) of this section with respect to the timing of the initiation of the investigation.  
(c) Extension of t ime for determination. CBP may extend the time to make a determination 
under paragraph (a) of this section by not more than 60 calendar days if CBP determines that -- 
(1) The investigation is extraordinarily complicated because of -- 
(i) The number and compl exity of the transactions to be investigated;  
(ii) The novelty of the issues presented; or  
(iii) The number of entities to be investigated; and  
(2) Additional time is necessary to make the determination under paragraph (a) of this 
section.  
(d) Notification  of extension of time for determination. CBP will notify all parties to the 
investigation of an extension not later than 300 calendar days after the date on which CBP initiates 
an investigation under Sec.  165.15.  
 
Sec. 165.23  Submission of factual informat ion. 
 
All submissions of factual information to CBP must comply with the requirements specified in 
Sec. Sec.  165.4 and 165.5 and this section. The submissions will be placed on the administrative 
record.  
(a) Request for information by CBP. In making a dete rmination under Sec.  165.27, CBP may 
require additional information as is necessary, from, among others:  
(1) An interested party that filed an allegation under Sec.  165.11;  
(2) An importer who allegedly engaged in evasion;  
(3) A person that is a foreign pr oducer or exporter of covered merchandise; and/or  
(4) The government of a country from which covered merchandise may have been exported.  
(b) Voluntary submission of factual information. Any party to the investigation may submit 
additional information in or der to support the allegation of evasion or to negate or clarify the 
allegation of evasion.  
(c) Time limits and service requirements --(1) Responses to CBP requests for factual 
information. Factual information requested by CBP pursuant to paragraph (a) of t his section must 
be submitted to CBP within the timeframe set forth by CBP in the request. The public version must 
also be served via an email message or through any other method approved or designated by CBP 
on the parties to the investigation. If CBP pla ces new factual information on the administrative 
record on or after the 200th calendar day after the initiation of the investigation (or if such 
information is placed on the record at CBP's request), the parties to the investigation will have ten 
calendar  days to provide rebuttal information to the new factual information.  
(2) Voluntary submission of factual information. Factual information voluntarily submitted to 
CBP pursuant to paragraph (b) of this section must be submitted no later than 200 calendar d ays 
after CBP initiated the investigation under Sec.  165.15. The public version must also be served via 
an email message or through any other method approved or designated by CBP on the parties to 
the investigation. Voluntary submissions made after the 200 th calendar day after initiation of the 
investigation will not be considered or placed on the administrative record, except rebuttal 
information as permitted pursuant to the next sentence herein. Parties to the investigation will G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  have ten calendar days fro m the date of service of any factual information or from the date of 
placement of any factual information on the record to provide rebuttal information to that factual 
information, if the information being rebutted was placed on the administrative record n o later 
than 200 calendar days after CBP initiated the investigation under Sec.  165.15.  
(d) Oral discussions. Notwithstanding the time limits in paragraph (c) of this section, CBP 
may request oral discussions either in -person or by teleconference. CBP will  memorialize such 
discussions with a written summary that identifies who participated and the topic of discussion. In 
the event that confidential business information is included in the written summary, CBP will also 
place a public version on the administr ative record.  
 
Sec. 165.24  Interim measures.  
 
(a) Reasonable suspicion. No later than 90 calendar days after initiating an investigation 
under Sec.  165.15, CBP will take interim measures if there is a reasonable suspicion that the 
importer entered covered merchandise into the customs territory of the United States through 
evasion.  
(b) Measures. If CBP decides that there is reasonable suspicion under paragraph (a) of this 
section, then:  
(1) For entries that remain unliquidated, CBP will:  
(i) Suspend the liqu idation of each unliquidated entry of such covered merchandise that 
entered on or after the date of the initiation of the investigation under Sec.  165.15;  
(ii) Extend the period for liquidating each unliquidated entry of such covered merchandise 
that enter ed before the date of the initiation of the investigation under Sec.  165.15 pursuant to 
section  
 
[[Page 56488]]  
 
504(b), Tariff Act of 1930, as amended (19 U.S.C. 1504(b)); and  
(iii) Take such additional measures as CBP determines necessary to protect the revenue of 
the United States, including requiring a single transaction bond or additional security or the 
posting of a cash deposit with respect to such covered merchandise pursuant to section 623, Tariff 
Act of 1930, as amended (19 U.S.C. 1623).  
(2) For e ntries that are liquidated, CBP may initiate or continue any appropriate measures 
separate from this proceeding.  
(c) Notice. If CBP decides that there is reasonable suspicion under paragraph (a) of this 
section, CBP will issue notification of this decision  to the parties to the investigation within five 
business days after taking interim measures. CBP will also provide parties to the investigation with 
a public version of the administrative record as of that date.  
 
Sec. 165.25   Verifications of information.  
 
(a) Prior to making a determination under Sec.  165.27, CBP may in its discretion verify 
information in the United States or foreign countries collected under Sec.  165.23 as is necessary to 
make its determination.  
(b) CBP will place any relevant informati on on the administrative record and provide a public 
summary.  
 
Sec. 165.26   Written arguments.  
 
All written arguments submitted to CBP pursuant to a proceeding under this part must 
comply with the requirements specified in Sec. Sec.  165.4 and 165.5 and thi s section. The 
submissions will be placed on the administrative record.  
(a) Written arguments. Parties to the investigation:  
(1) May submit to CBP written arguments that contain all arguments that are relevant to the 
determination as to evasion and based s olely upon facts already on the administrative record in 
that proceeding. All written arguments must be submitted to the designated email address 
specified by CBP or through any other method approved or designated by CBP no later than 230 
calendar days aft er the investigation was initiated pursuant to Sec.  165.15; and  (2) Must serve a 
public version of the written arguments prepared in accordance with Sec.  165.4 on the other 
parties to the investigation by an email message or through any other method approv ed or 
designated by CBP the same day it is filed with CBP.  
(b) Responses to the written arguments. Parties to the  G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
- 20 - 
 
  investigation:  
(1) May submit to CBP a response to a written argument filed by another party to the 
investigation. The response must be in wr iting and submitted to the designated email address 
specified by CBP or through any other method approved or designated by CBP no later than 15 
calendar days after the written argument was filed with CBP. The response must be limited to the 
issues raised i n the written argument; any portion of a response that is outside the scope of the 
issues raised in the written argument will not be considered; and  
(2) Must serve a public version of the response prepared in accordance with Sec.  165.4 on 
the other parties  to the investigation by an email message or through any other method approved 
or designated by CBP the same day it is filed with CBP.  
(c) Written arguments submitted upon request. Notwithstanding paragraphs (a) and (b) of 
this section, CBP may request wri tten arguments on any issue from any party to the investigation 
at any time during an investigation.  
(d) Form of written argument and response to the written arguments. The written argument 
and response to the written argument must be double -spaced, with h eadings and footnotes single -
spaced, margins one inch on all four sides, and font Times New Roman, 12 -point font size. The 
written argument must be no more than 50 pages in length, including exhibits, and the response 
to the written argument must be no mor e than 50 pages in length, including exhibits, excluding 
any pages containing the table of contents and the table of cited authorities. Each written 
argument and response to the written argument must contain:  
(1) The name, address, and email address of the  party and of his or her duly authorized 
agent or attorney at law (if represented by a duly authorized agent or attorney at law);  
(2) A summary of the argument or response to the argument, which is a concise summary;  
(3) The argument or response to the arg ument that clearly and accurately presents points of 
fact and law with applicable citations;  
(4) A table of contents and a table of cited authorities; and  
(5) A conclusion that states a proposal for CBP's determination as to evasion.  
 
Sec. 165.27  Determina tion as to evasion.  
 
(a) Determination. Upon conclusion of the investigation, CBP will make a determination 
based on substantial evidence as to whether covered merchandise was entered into the customs 
territory of the United States through evasion.  
(b) Not ification. No later than five business days after making a determination under 
paragraph (a) of this section, CBP will send via an email message or through any other method 
approved or designated by CBP a summary of the determination limited to publicly av ailable 
information under paragraph (a) to the parties to the investigation.  
(c) Negative determination. If CBP makes a determination under paragraph (a) of this 
section that covered merchandise was not entered into the customs territory of the United Stat es 
through evasion, then CBP will cease applying any interim measures taken under Sec.  165.24  
and liquidate the entries in the normal course.  
 
Sec. 165.28   Assessments of duties owed; other actions.  
 
(a) Effect on liquidation. For entries of covered merch andise that are already liquidated 
when an affirmative determination is made as to evasion under Sec.  165.27, CBP will initiate or 
continue any appropriate actions separate from this proceeding. For entries of covered 
merchandise that are unliquidated:  
(1) Suspension of liquidation. (i) CBP will suspend the liquidation of unliquidated entries of 
covered merchandise that is subject to the determination and that entered on or after the date of 
the initiation of the investigation under Sec.  165.15 with respect  to such covered merchandise; or  
(ii) If CBP has already suspended the liquidation of such entries pursuant to Sec.  165.24, 
then CBP will continue to suspend their liquidation.  
(2) Extension of liquidation. (i) If liquidation is not suspended, then CBP wil l extend the 
period for liquidating the unliquidated entries of covered merchandise that is subject to the 
determination, pursuant to CBP's authority under section 504(b), Tariff Act of 1930, as amended 
(19 U.S.C. 1504(b)); or  
(ii) If CBP has already exten ded the period for liquidating such entries pursuant to Sec.  
165.24, then CBP will continue to extend the period for liquidating such entries.  
(b) Notification to the Department of Commerce. If CBP makes a determination under Sec.  
165.27 that covered merch andise was entered into the customs territory of the United States 
through evasion, CBP will notify the Department of Commerce of the determination and  G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
- 21 - 
 
  request, if necessary, that the Department of Commerce:  
(1) Identify the applicable antidumping or coun tervailing duty assessment rates for 
merchandise covered by the determination; and/or  
(2) If no assessment rate is available at the time, identify the applicable cash  
 
[[Page 56489]]  
 
deposit rate to be applied, with the applicable antidumping or counterva iling duty assessment rate 
to be provided as soon as that rate becomes available.  
 
(c) Cash deposits and duty assessment. CBP will require the posting of cash deposits and 
assess duties on entries of covered merchandise subject to its affirmative determina tion of 
evasion.  
 
Subpart D --Administrative Review of Determinations  
 
Sec. 165.41  Filing a request for review of the initial determination.  
 
(a) How to file a request for administrative review. Requests for administrative review of the 
initial determinatio n as to evasion pursuant to Sec.  165.27 must be submitted electronically to 
Regulations and Rulings, in a manner as prescribed by CBP. Requests for review may be filed by 
any party to the investigation or its attorney at law, or duly authorized agent, and must comply 
with the requirements specified in Sec.  165.3. Electronic signatures are acceptable.  
(b) Release of information and service. Requests for review must comply with the 
requirements for release of information specified in Sec.  165.4.  
(c) Notice to  parties to the investigation. Each party who files a request for review must 
provide the other parties to the investigation with a public version in accordance with Sec.  165.4.  
(d) When filed. Requests for review must be filed no later than 30 business da ys after the 
issuance of the initial determination as to evasion. Untimely or incomplete requests for review will 
not be accepted.  
(e) True and accurate information. All requests must be accompanied by the certifications 
required pursuant to Sec.  165.5. An y false statements contained in a request for review may 
subject the party to prosecution under 18 U.S.C. 1001 or other applicable laws.  
(f) Content. Each request for review must be based solely on the facts already upon the 
administrative record in the pr oceeding, in writing, and may not exceed 30 pages. It must be 
double -spaced with headings and footnotes single spaced, margins one inch on all four sides, and 
12-point font Times New Roman. If it exceeds 10 pages, it must include a table of contents and a 
table of cited authorities. Each  
request for review must set forth the following:  
(1) The allegation control number assigned by CBP with respect to the investigation under 
consideration;  
(2) The name, address and email address of the party seeking review and the name, 
address and email address of his or her duly authorized agent or attorney at law (if represented by 
a duly authorized agent or an attorney at law);  
 (3) A statement of the procedural history and facts as set forth in the administrative record  
and identified by specific page number or exhibit number and relied upon by the party to prove or 
establish whether evasion occurred or not;  
(4) A concise summary of the argument;  
(5) The argument expressing clearly and accurately the points of fact and o f law presented 
and citing the authorities and statutes relied on; and  
(6) A conclusion specifying whether the initial determination should be affirmed or reversed.  
(7) Each party seeking business confidential treatment must comply with the requirements 
in Sec. 165.4.  
(g) Assigned case number. Upon receipt of a timely request for review, the submission will 
be reviewed to ensure it has been properly filed. If the submission has been properly filed, a case 
number will be assigned for tracking purposes.  
(h) C onsolidation of requests for administrative review. Multiple requests for review under 
the same allegation control number assigned by CBP involving the same importer and merchandise 
may be consolidated into a single administrative review matter.  
(i) Commen cement of administrative review. The 60 business -day review period will 
commence on the date when CBP accepts the last properly filed request for administrative review 
and transmits electronically the assigned administrative review case number to all parti es to the G/ADP/N /1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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  investigation. All properly filed requests for administrative review must be submitted to CBP no 
later than 30 business days after the issuance of the initial determination.  
 
Sec. 165.42  Responses to requests for administrative review.  
 
Any party  to the investigation, regardless of whether it submitted a request for 
administrative review, may submit a written response to the filed request(s) for review. Each 
written response may not exceed 30 pages in total (including exhibits but not table of con tents or 
table of authorities) and must follow the requirements in Sec.  165.41(f). The written responses to 
the request(s) for review must be limited to the issues raised in the request(s) for review and 
must be based solely on the facts already upon the a dministrative record in that proceeding. The 
responses must be filed in a manner prescribed by CBP no later than 10 business days from the 
commencement of the administrative review. All responses must be accompanied by the 
certifications provided for in Se c. 165.5. Each party seeking business confidential treatment must 
comply with the requirements in Sec.  165.4. The public version of the response(s) to the 
request(s) for review must be provided to the other parties to the investigation via an email 
message  or through any other method approved or designated by CBP.  
 
Sec. 165.43  Withdrawal.  
 
Requests for review and responses to requests for review will remain part of the 
administrative record and cannot be withdrawn.  
 
Sec. 165.44  Additional information.  
 
CBP may request additional written information from the parties to the investigation at any 
time during the review process. The parties who provide the requested additional information must 
provide a public version to the other parties to the investigation via  an email message or through 
any other method approved or designated by CBP. The submission of additional information 
requested by CBP must comply with requirements for release of information in Sec.  165.4. CBP 
may apply an adverse inference as stated in S ec. 165.6 if the additional information requested 
under this section is not provided.  
 
Sec. 165.45   Standard for administrative review.  
 
CBP will apply a de novo standard of review and will render a determination appropriate 
under law according to the spec ific facts and circumstances on the record. For that purpose, CBP 
will review the entire administrative record upon which the initial determination was made, the 
timely and properly filed request(s) for review and responses, and any additional information that 
was received pursuant to Sec.  165.44. The administrative review will be completed within 60 
business days of the commencement of the review.  
 
Sec. 165.46   Final administrative determination.  
 
(a) Finality. The final administrative determination issued  by Regulations and Rulings will be 
in writing and will set forth the conclusion reached on the matter. The conclusion will be 
transmitted electronically to all parties to the investigation. The final administrative determination 
is subject to judicial rev iew pursuant to section 421 of the EAPA.  
(b) Effect of the final administrative determination. If the final  
 
[[Page 56490]]  
 
administrative determination affirms the initial determination as to evasion, then no further CBP 
action is needed. If the final ad ministrative determination reverses the initial determination, then 
CBP will take appropriate actions consistent with the final administrative determination.  
 
Sec. 165.47   Potential penalties and other actions.  
 
CBP and other government agencies reserve th e right to undertake additional investigations 
or enforcement actions in cases covered by these provisions. Nothing within this part prevents CBP 
from assessing penalties of any sort related to such cases or taking action under any other 
relevant laws.  G/ADP/N/1/USA/1/Suppl.25 • G/SCM/N/1/USA/1/Suppl.24  
 
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R. Gil Kerlikowske,  
Commissioner, U.S. Customs and Border, Protection.  
Approved: August 17, 2016.  
Timothy E. Skud,  
Deputy Assistant Secretary of the Treasury.  
[FR Doc. 2016 -20007 Filed 8 -18-16; 4:15 pm]  
BILLING CODE 9111 -14-P 
 
 
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