EAPA investigations are new and while CBP has issued regulations, the procedures continue to be refined as they gain experience with these investigations. The goal of this workshop is to provide parties who are filing allegations or defending against them with an overview of who they will be interacting with at CBP and at which stages in the investigation.
CBP will walk through an example EAPA investigation to demonstrate the role of the parties in the investigation and the steps that CBP may take to pursue an allegation, while also discussing what constitutes a valid allegation. Additionally, this workshop will provide the attendees with an opportunity to engage with the CBP officials in charge of enforcing the trade laws and learning what CBP is doing for enforcement of our antidumping and countervailing duty laws.
To register for this event please follow the instructions in this document: CBP EAPA Workshop Registration Information
The proposed agenda for this event is:9:30am-9:45am Brenda Smith, Executive Assistant Commissioner, OT
- Welcome and Keynote presentation to give the vision for OT’s focus on the enforcement of AD/CVD orders.
- Discussion of the organization of the new Trade Remedy Law Enforcement Directorate (“TRLED”) and how each division will work together for AD/CVD enforcement.
- An overview of the new Enforcement Operations Division and the vision for the Evasion NTAG branch that will be located within that division.
- An overview of the role of the Centers of Excellence and Expertise (“Centers”) in the enforcement of AD/CVD orders.
- A discussion of how the Centers will be a key player in the EAPA investigations and who in the Centers will be working on these investigations.
- A dialogue on the role of Regulatory Audit in AD/CVD Enforcement and how it is organized to facilitate that role.
- An introduction into the specific role Regulatory Audit has in the EAPA investigations given their unique skills and abilities to do on-site visits and in-depth reviews of the financials of a company.
11:30am-12:30pm Carrie Owens, Director, Enforcement Operations Division, TRLED, OT
- Compare and contrast example allegations and discuss what is required to meet the legal threshold for initiation.
- Overview of CBP’s procedures in an EAPA investigation from initiation through interim measures, highlighting the roles of each part of CBP and the parties to the investigation.
- Discussion of the maintenance of the record and creation of public version of documents submitted prior to the notification of interim measures.
- Contrast the role of Regulatory Audit for EAPA investigations versus its conventional role in CBP audits.
- Explain the role of Regulatory Audit after interim measures is issued in an EAPA investigation.
- Discuss a “Request for Information” (aka questionnaire) and provide an example, explaining what an on-site visit would entail and the types of documents typically requested.
Source document: CBP EAPA Web Page