Evasion and circumvention legislation signed into law in 2016 creates legal opportunities and pitfalls for U.S. importers and producers. Under Title IV of the Trade Facilitation and Trade Enforcement Act (TFTEA), allegations of evasion and circumvention may be filed by almost any U.S. producer, importer or foreign producer that has knowledge or specific information about merchandise entering the United States through evasion. For many companies, this changes the risks and opportunities of trading when an antidumping and countervailing duties (AD/CVD) order is in effect.
Husch Blackwell is on the cutting edge of developments in this emerging practice area. We have one of the most active practices in Washington on AD/CVD matters, particularly those involving Asian countries. We have extensive experience handling U.S. Customs and Border Protection (CBP) and trade remedies litigation, and our white collar crime group is first-rate. Our team’s primary location in Washington, D.C., offers close access to pertinent decision-makers and agencies, including CBP and the Department of Commerce.
The Playing Field Has Changed
The TFTEA provisions are plainly of interest to U.S. companies that have brought trade remedies cases but have not received the relief they believe they are entitled to because of evasion. However, the provisions also empower importers to report competitors who they believe are acting illegally. The new legislation also raises the possibility that adverse inferences may be taken against importers for the failure of their foreign supplier to respond adequately to allegations of evasion or circumvention.
For the first time, the actions (or non-actions) of the U.S. government in examining circumvention and evasion are judicially reviewable, by the U.S. Court of International Trade in New York. This reviewability makes the process much more formal and also holds CBP accountable for its decisions in a manner that never existed before.
How We Can Help
The Husch Blackwell team guides organizations in navigating trade evasion and circumvention matters. We counsel clients on every step of the evasion and circumvention process by: