G/ADP/IG/W/56  
 
2 November 2016  
(16-6010) Page: 1/4 
Committee on Anti -Dumping Practices  
Informal Group on Anti -Circumvention  Original: English  
 
THE ENFORCE AND PROT ECT ACT OF 2015  
SECTION 421 – INVESTIGATION OF EVA SION OF TRADE REMEDY  LAWS  
Submission by the United States  
The following communication is being circulated at the request of the Delegation of the 
United  States .1 
 
_______________  
                                                
1 This document was submitted by the United States on 19 Sep tember 2016 and was discussed at the 
meeting of the Informal Group held on 27 October 2016.  G/ADP/IG/W/56  
  
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  DEADLI NES FOR ENFORCE AND PROTECT ACT (EAPA)  
INVESTIGATIONS AND A DMINISTRATIVE REVIEW S 
Deadlines for Investigations  
 
After CBP receives a properly filed allegation from an interested party, it has 15 business days to 
determine whether to initiate an EAPA investi gation.  If CBP determines that it will not, the 
interested party will be notified within five business days of that determination.  Below is a timeline 
for an investigation:  
 
Day Event  
0 days2 Initiation of the investigation3 
No later than 90 calendar day s Determination of reasonable suspicion of evasion and issuance of 
interim measures  
5 business days after interim measures 
are taken  Notice of decision to initiate an investigation and whether interim 
measures were taken  
200 calendar days  Deadline to vo luntarily submit factual information4 
230 calendar days  Deadline to submit written arguments  
15 calendar days after a written 
argument was filed  Deadline to submit responses to the written argument  
No later than 300 calendar days  Determination as to eva sion or notice of extension of time  
No later than 360 calendar days  Determination as to evasion if the investigation is extraordinarily 
complicated  
5 business days after determination  Notice of CBP 's determination as to evasion  
 
 
Deadlines for Administr ative Reviews  
 
A party to an EAPA investigation that has received an adverse determination from CBP may file a 
request for an administrative review.  The request for an administrative review must be submitted 
to CBP no later than 30 business days after the initial determination as to evasion.  Each party that 
files a request for review must provide the other parties to the EAPA investigation with a public 
version of the request.  Upon receipt of a timely request for review, CBP will ensure that it has 
been pro perly filed, and if so, will assign a case number for tracking.  The administrative review 
                                                
2 CBP may submit a referral to the Department of Commerce (Commerce) if at any point after the 
receipt of the allegation CBP cannot determine whether the entered me rchandise described in the allegation is 
properly within the scope of an antidumping or countervailing duty order.  CBP will promptly notify the parties 
to the investigation of the date of the referral.  The time required for any referral and determination b y 
Commerce will not be counted toward CBP 's deadlines.  CBP will notify the parties to the investigation of 
Commerce 's decision.  Deadlines and notice requirements listed apply only to parties to the investigation.  
3 If CBP consolidates allegations into a si ngle investigation, the date on which CBP receives the first of 
such allegations will start the time period for the deadline to initiate the investigation.  CBP will issue notice of 
consolidation to all parties to the investigation if consolidation occurs a fter they have already been notified of 
the ongoing investigation.  Otherwise, parties will be notified no later than 95 calendar days after the date of 
the initiation.  Any interested party who filed an allegation after initiation will be notified by CBP of  the date of 
decision to initiate when it receives the notice of consolidation.  
4 Parties to the investigation will have ten calendar days to provide rebuttal information to new factual 
information placed on the record by CBP and to voluntary submissions o f factual information made by a party 
to the investigation and placed on the record.  G/ADP/IG/W/56  
  
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  period starts on the date when CBP accepts the last properly filed request and electronically 
transmits the case number to all parties to the investigation.  Below is a timeline for an 
administrative review:  
 
Day Event  
0 days  Initiation of the administrative review and transmission of the case tracking number  
10 business days  Deadline to submit written responses to the request(s) for review  
60 business days  Completio n of the administrative review  
 
This information is provided solely for your guidance and it does not replace or supersede the law 
or regulations for EAPA proceedings.  
 
  
  G/ADP/IG/W/56  
  
- 4 - Overview of EAPA Investigations  
The Enforce and Protect Act of 2015, Section 421 - Investigation of Evasion of Trade Remedy Laws  
 
 
 
 
 
 
 
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 Office of Trade:  
Trade Remedy L aw Enforcement  United States Court of 
International Trade (CIT)  Office of Trade:   
Regulations & Rulings    Investigatio n & Determination as to Existence of Evasion  Administrative Review  Judicial Review  
"Evasion " generally refers to enteri ng merchandise covered by an antidumping/countervailing duty (AD/CVD) order into the customs territory of the United States b y means of 
any document or electronically transmitted data or information, written or oral statement, or act that is material and f alse, or any omission that is material, and that results in any 
cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being ap plied with respect to the merchandise.  
 
__________  
 1581(c) 
Jurisdiction  
Arbitrary & 
Capricious 
Standard of 
Review*  
 Deter mination 
on Review as 
to Evasion  15 
Days  300  
Days  
90 Days  60 
Days  60 
Days  
Receipt o f 
Allegation 
from 
Interested 
Party  
Information 
Reasonably 
Availa ble Decision on 
Whether to 
Investigate 
Alleged 
Evasion  
Reasonably 
Suggests  Determination 
as to Evasion 
(Suspensions/ 
Extensions of 
Liquidation, 
etc.) 
Extraordinari ly 
Complicated 
Investigations   Interim 
Measures 
(Suspensions/ 
Extensions  of 
Liquidation, 
etc.) 
Reasonable 
Suspicio n CIT 
Procedures  
Substantial 
Evidence 
Standard  Discretionary 
Extension of 
Time for 
Investigation  
DOC  Consultation  
on (Rates) After 
Determination                
as to Evasion,           
if Necessary  
 
 
 Discretionary                                                                                                                                                       
Depa rtment of 
Commerce  (DOC)              
Referral Period 
(Scope) Begins  
 Technical 
Assistance 
(Voluntary)  
De Novo 
Standard of 
Review  30              
Days  30              
Day
s 
Recipient of 
Adve rse 
Decision 
May 
Request 
Review  Recipi ent of 
Adverse 
Revie w 
Decision 
May File 
Complaint  
Color Key  
 
       : Public 
Participation  
 
       : CBP  
Decision   
(Notice to Follo w)  
   
       : DOC 
Participation  
 
       : Legal 
Standard  
 
       : Judicial 
Process  
   
  
   *Arbitrary, capricious, an abuse of 
discretion, or otherwise not in 
accordance with law.