G/ADP/Q1/USA/30  
G/SCM/Q1/USA/30  
 
5 October 201 6 
(16-5311) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
QUESTIONS POSED BY THE SEPARA TE CUSTOMS TERRITORY  OF TAIWAN,  
PENGHU, KI NMEN AND MATSU REGARD ING THE NOTIFICATION  
OF THE UNITED STATES  
 
The following communication, dated 3 October 2016, is being circulated at the request of the 
Delegation of the Separate Customs Territory of Taiwan, Penghu, Ki nmen and Matsu . 
 
_______________  
 
 
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu thanks the United States 
for its  notification of the recently enacted anti -evasion framework, including the Enforce and 
Protect Act of 2015 (" EAPA")1 and the regulations setting forth the investigation procedures (the 
"Regulations" ).2 We pose the following questions:  
 
Question 1  
Period o f Investigation  
 
Sec. 165.2 of the Regulations provides that "[e]ntries that may be the subject of an allegation …are 
those entries of allegedly covered merchandise made within one year before the receipt of an 
allegation  under Sec. 165.11 …". 
 
1.1. Is the o ne-year period of investigation determined by counting back from the date of receipt 
of the allegations specified in Sec. 165.12(a)?  
1.2. When read together with Sec. 165.11(a), does Sec. 165.2 suggest that the interested party 
is not required to and may n ot specify the period of inve stigation?  
 
Question 2  
Scope of Allegation and Investigation  
 
Sec. 165.11(a) provides that "[e]ach allegation must be limited to one importer, but an interested 
party may file multiple allegations."  Sec. 165.11(b) requires tha t the allegation shall include 
"[a]pplicable AD/CVD orders" . 
 
2.1. Does the plural term "[a]pplicable AD/CVD orders"  used here suggest that during the course 
of one investigation, CBP may investigate multiple AD, CVD evasions, or evasions of both 
measures,  which may be imposed on merchandise originating from different countries and 
exported by different exporters?  
2.2. Does an allegation/investigation cover all entries  of the merchandise made by the alleged 
evader? Or, does the interested party or CBP need to specify the scope of the 
allegation/investigation as it relates to certain entries, for example, to those originating from 
certain cou ntries or by certain exporters?  
                                               
1 G/ADP/N/1/USA/1/Suppl.23 -G/SCM/N/1/USA/1/Suppl.23 (dated 1 April 2016).  
2 G/ADP/N/1/USA/1/Suppl.25 -G/SCM/N/1/USA/1/Suppl.24 ( dated 26 August 2016).  G/ADP/Q1/USA/30 • G/SCM/Q1/USA/30  
 
- 2 - 
 
  2.3. The last sentence of Sec. 165.2 grants CBP the discretion to investigate entries o utside the 
one-year period. Does CBP have the same discretion to investigate entries not covered by 
an allegation, for example, entries made by non -alleged importers or entries covere d by 
non-alleged AD/CVD orders?  
2.4. Does the term "one importer"  include  affiliated importers?  
 
Question 3  
Determination by CBP  
 
If CBP makes an affirmative evasion determination, Sec. 165.28(a)(1)(i) provides that "CBP will 
suspend the liquidation of unliquidated entries of covered merchandise that is subject to the 
determin ation and that entered on or after the date of the initiation of the investigation". In 
addition, CBP may ask DOC for the applicable assessment rates or cash deposit rates, in 
accordance with Sec. 165.28(b).  
 
3.1. Does that suggest that all the future ent ries made by the evader will be subject to the 
applicable AD/CVD measures? If not, how will CBP determine which future entries are 
subject to the AD/CVD measures?  
3.2. In the case of evasion by misreporting of the physical characteristics of the merchandis e, 
how will CBP implement its determination with regard to future entries made by the evader?  
 
Question 4  
Investigation Procedures  
 
Sec. 165.15(d)(1) provides that CBP will notify the parties to the investigation no later than 95 
calendar days of its ini tiation decision. The US explains that this timeframe takes into account 
"…the need to provide adequate time for CBP's investigatory process.3" 
 
4.1. Please elaborate on the "investigatory process" that CBP needs to conduct during the 95 -day 
period before notifying th e parties to the investigation.  
4.2. In the absence of notification from the CBP, do the parties to the investigation or other 
interested parties have any other access to information concerning the investigation?  
4.3. In the course of one inves tigation, what information and documents (e.g. allegation, 
initiation decision, interim decision, final determination, and so on) are available to the 
public? Please specify ho w and where they are published.  
 
Question 5  
Standards of Determination  
 
5.1. In addition to the definition of evasion provided in Sec. 165.1, do any other laws, 
regulations, or documents lay down more specific standards of determining evasions, (for 
example, production processes in third counties or in the US which add a specific amo unt of 
value to the finished merchandise may  not be determined as evasion)?  
5.2. If so, could the US please specify?  
 
__________  
                                               
3 G/ADP/N/1/USA/1/Suppl.25 -G/SCM/N/1/USA/1/Suppl.24 (dated 26 August 2016), page 6.