EAPA Enforcement Process – Customs & International Trade Law Agency

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Reproduced with permission. Published October 2026. Copyright © 2026 The Bureau of National Affairs, Inc. EAPA Enforcement Process. For additional use, please contact [email protected].

Editor’s Note: The Enforce and Protect Act has turn out to be an necessary enforcement mechanism for US Customs and Border Protection in circumstances involving alleged evasion of antidumping and countervailing responsibility orders. Enacted in 2016 as a part of the Trade Facilitation and Trade Enforcement Act, EAPA established a proper course of for CBP to research allegations made by events that lined merchandise entered the US by means of evasion of AD/CVD duties.

For importers, EAPA danger extends past an eventual dedication that further duties are owed. CBP can impose important interim measures whereas an investigation stays pending, and an affirmative evasion dedication can result in further civil or prison enforcement. Understanding the EAPA course of and addressing potential AD/CVD publicity earlier than items enter the US is a vital a part of import compliance.

By Jennifer Diaz, Diaz Trade Law

CBP Investigations

The Department of Commerce and CBP play distinct roles in administering US AD/CVD legal guidelines. Commerce determines the scope of AD/CVD orders and establishes relevant responsibility charges. CBP is answerable for gathering these duties and imposing the orders on the border.

EAPA, codified at 19 U.S.C. § 1517, offers CBP particular authority to research allegations that importers have entered merchandise topic to an AD or CVD order with out paying the required duties.

Under the statute, “evasion” typically entails coming into lined merchandise by means of materially false info or omissions that outcome within the discount or avoidance of relevant AD/CVD money deposits or duties.

Evasion can take a number of types. An importer would possibly incorrectly declare a product’s nation of origin, misclassify merchandise in a means that avoids an AD/CVD order, or import items by means of a 3rd nation whereas concealing their precise origin. Transshipment allegations have been a recurring characteristic of EAPA investigations. For instance, CBP has investigated allegations involving Chinese merchandise allegedly transshipped by means of Thailand earlier than coming into the United States. This danger exists even when the importer has finished every part proper if their provider has not been totally forthcoming as to the details.

The crucial problem shouldn’t be merely whether or not entry info was incorrect. The false assertion, omission, doc, knowledge, or different act should be materials and lead to AD/CVD money deposits or duties being diminished or averted.

How an EAPA Investigation Begins

An EAPA continuing begins when an social gathering submits a confidential allegation to CBP containing info moderately suggesting that lined merchandise has entered the US by means of evasion. Interested events can embody home producers, producers, wholesalers, unions, commerce associations, and different events recognized by the statute. It’s a really broad statute and rivals that import have filed allegations towards different importers.

Once an social gathering initially submits an allegation, CBP works with the alleger to make sure that the allegation meets CBP’s requirements. CBP is not going to formally think about the allegation till this unofficial session course of is accomplished. Once CBP determines that the data moderately suggests evasion, CBP typically should provoke an investigation inside 15 corporate affairs days of receiving a correctly filed allegation. The normal for initiation shouldn’t be excessive, and the time period “moderately suggests” has allowed comparatively weak allegations. Critically, the precise initiation shouldn’t be initially publicly disclosed. During the preliminary initiation section CBP, will ask for info from the importers (sometimes by way of a Request for Information – CBP Form 28) with out referencing EAPA. An importer should be cautious when responding to any Request for Information from CBP because it may very well be a easy request, or may very well be the beginning of an EAPA investigation course of. Further, a poorly crafted response can inadvertently reinforce the EAPA allegation. These preliminary requests for info might seem like innocuous, however in actual fact, carry severe penalties.

After CBP discloses the investigation, the remaining deadlines are quick. An EAPA allegation can transfer from a competitor’s or different social gathering’s submission to an lively authorities investigation in 90 days or much less.

During the investigation, CBP has broad information-gathering authority. It might problem questionnaires and requests for info, study entry and provide chain documentation, search info from international producers and exporters, and conduct international on-site verifications. These info requests will be important – significantly if important factual info is required to completely refute the allegations. CBP will draw hostile inferences when a celebration fails to cooperate and supply requested info.

As a sensible matter, the investigation can lengthen effectively past the importer itself. Suppliers, producers, exporters, and different entities within the provide chain might must substantiate claims relating to manufacturing, origin, routing, and different details.

Interim Measures Create Consequences

One of EAPA’s most consequential options is CBP’s authority to impose interim measures earlier than it reaches a last dedication.

Within 90 calendar days after CBP initiates an investigation (separate and aside from when an importer turns into conscious of such investigation), CBP should decide whether or not there’s a “affordable suspicion” that lined merchandise entered the US by means of evasion. This is necessary, because the precise interval for the importer to reply will be a lot shorter than 90 calendar days. If CBP finds affordable suspicion, the statute requires interim measures with speedy impact.

Timeline for an EAPA Investigation

¹ CBP might submit a referral to the Department of Commerce (Commerce) if at any level after the receipt of the allegation CBP can’t decide whether or not the entered merchandise described within the allegation is correctly throughout the scope of an antidumping or countervailing responsibility order. CBP will promptly notify the events to the investigation of the date of the referral. The time required for any referral and dedication by Commerce is not going to be counted towards CBP’s deadlines. CBP will notify the events to the investigation of Commerce’s resolution. Deadlines and see necessities listed apply solely to events to the investigation.

² If CBP consolidates allegations right into a single investigation, the date on which CBP receives the primary of such allegations will begin the time interval for the deadline to provoke the investigation. CBP will problem discover of consolidation to all events to the investigation if consolidation happens after they’ve already been notified of the continuing investigation. Otherwise, events will likely be notified no later than 95 calendar days after the date of the initiation. Any social gathering who filed an allegation after initiation will likely be notified by CBP of the date of resolution to provoke when it receives the discover of consolidation.

³ Parties to the investigation can have ten calendar days to supply rebuttal info to new factual info positioned on the report by CBP and to voluntary submissions of factual info made by a celebration to the investigation and positioned on the report.

Those measures embody suspending liquidation of related unliquidated entries made on or after initiation and lengthening liquidation for related unliquidated entries made earlier than initiation. CBP can also take further measures to guard US earnings, together with requiring further safety, money deposits, or single transaction bonds.

The sensible takeaway is important. An importer doesn’t must lose an EAPA investigation earlier than experiencing substantial corporate affairs penalties.

What Importers Face During an Investigation

EAPA proceedings function on an accelerated schedule. CBP typically should make its last evasion dedication inside 300 calendar days after initiation, though the deadline could also be prolonged to 360 days in terribly sophisticated investigations.

Furthermore, in sure circumstances, if an EAPA investigation on the product is already ongoing, CBP might consolidate investigations that begin after the preliminary investigation into the product with an already ongoing EAPA investigation, leading to considerably shorter response deadlines and EAPA outcomes.

During the investigation, CBP can develop a considerable administrative record. Importers could also be requested to substantiate issues equivalent to nation of origin, manufacturing capability, manufacturing processes, product classification, suppliers, transport routes, gross sales transactions, and cost data.

That makes documentation significantly necessary. A provider’s easy illustration that merchandise was produced in a specific nation will likely be inadequate to point out lack of evasion if CBP identifies proof suggesting in any other case. Importers should be ready to reveal how items have been produced and moved by means of the availability chain utilizing data that may stand up to authorities scrutiny.

EAPA’s adverse-inference authority raises the stakes additional. If an importer, international producer, exporter, or different related social gathering fails to cooperate by not offering requested info, CBP might use hostile inferences in reaching its dedication.

Royal Brush Changed Confidential Evidence Access

When EAPA first began, importers had little entry to the details supporting the allegations made towards them. Access to the proof underlying an EAPA dedication has been the topic of great litigation, most notably in Royal Brush Manufacturing, Inc. v. United States.

CBP opened an EAPA investigation in 2018 involving allegations that Royal Brush had transshipped Chinese-origin pencils by means of the Philippines to keep away from antidumping duties. During the investigation, CBP relied on info developed by means of verification, together with production-capacity info and pictures from a CBP website go to to the Philippine provider. CBP handled sure info from the provider as corporate affairs confidential and withheld disclosure of this info to anybody, together with Royal Brush, and didn’t arrange a “protecting order” course of to allow entry. The protecting order ensures solely the events’ attorneys have entry to the confidential proof, and the attorneys can’t disclose the data to the events themselves.

The litigation finally reached the U.S. Court of Appeals for the Federal Circuit. In its 2023 resolution, the Federal Circuit held that due course of requires a celebration to know what proof authorities depends on to achieve its resolution. The court docket additionally concluded that CBP has inherent authority to problem protecting orders in EAPA proceedings as a result of neither the EAPA statute nor its rules prohibited such orders. Where entry to new and materials info relied upon by the company was denied, the court docket held that no separate displaying of prejudice was needed.

The resolution materially modified EAPA observe. CBP subsequently applied an Administrative Protective Order (APO) course of permitting approved representatives of events to acquire entry to corporate affairs confidential info of report throughout EAPA investigations, administrative evaluations, and court-ordered remands. CBP’s last EAPA rules likewise integrated the APO mechanism. However, the importer doesn’t see this info and this hampers their capacity to correctly reply and supply significant factual info to negate such allegations.

Under present CBP procedures, an APO typically is issued on day 90 of an EAPA investigation, after which eligible representatives can apply for entry to corporate affairs confidential info within the administrative report. This doesn’t imply that your rivals can get hold of this info, solely their attorneys and solely on a promise that they won’t additional disclose the info. In truth, beneath the procedures, even the goal firm is not going to see the data, solely their representatives.

Evasion Finding Can Trigger Broader Enforcement

EAPA shouldn’t be seen solely as a mechanism for gathering unpaid AD/CVD duties.

When CBP makes an affirmative evasion dedication, it might probably droop or lengthen liquidation, require money deposits, and assess AD/CVD duties on the charges supplied by Commerce. But 19 U.S.C. § 1517 additionally expressly authorizes CBP to pursue further enforcement measures.

Those measures might embody initiating penalty proceedings beneath 19 U.S.C. §§ 1592 or 1595a, making use of further focusing on measures to importers and merchandise related to evasion, requiring sure importers to deposit estimated duties at entry, and referring all or a part of the report to U.S. Immigration and Customs Enforcement for civil or prison investigation. The statute additionally makes clear that an EAPA continuing doesn’t preclude different civil, prison, or administrative investigations. Note that CBP will typically cite an EAPA dedication as a longtime truth. Unlike a truth alleged in a pre-penalty dedication, CBP’s quotation to the EAPA dedication in a pre-penalty discover is generally truth free (and merely cites the existence of an EAPA dedication).

An EAPA investigation can due to this fact expose conduct that creates enforcement danger extending past the AD/CVD duties related to the entries beneath overview.

Challenging an EAPA Determination

An importer topic to an affirmative EAPA dedication has an outlined path for overview.

Under 19 U.S.C. § 1517(f), a celebration typically has 30 corporate affairs days after CBP’s evasion dedication to request de novo administrative overview. CBP should full that overview inside 60 corporate affairs days after the enchantment is filed.

After CBP completes the executive overview, an eligible social gathering (both the goal or the alleger – primarily the aggrieved participant) typically has one other 30 days to hunt judicial overview on the US Court of International Trade. The CIT examines whether or not CBP complied with the required procedures and whether or not its dedication was arbitrary, capricious, an abuse of discretion, or in any other case not in accordance with regulation.

The deadlines make it necessary for importers to have interaction with the method early. Developing the factual report, preserving objections, responding totally to CBP’s requests, and evaluating the proof relied upon by the company can have an effect on each the executive continuing and any subsequent litigation.

Five Steps Importers Can Take Before an EAPA Investigation

The handiest time to handle EAPA danger is earlier than an allegation is filed. These steps will considerably cut back the chance of an EAPA investigation and enhance the possibilities of stopping it if one is introduced. Importers ought to think about 5 sensible steps:

1. Map AD/CVD publicity. Identify merchandise which will fall inside current AD/CVD orders and decide the place classification, scope, or origin questions may create danger.
2. Verify nation of origin. Do not rely completely on invoices, certificates, or provider representations when circumstances warrant further diligence. Understand the place and the way the merchandise is definitely manufactured.
3. Review and be capable of clarify cargo routing. Shipments shifting by means of third nations, significantly nations related to transshipment considerations for the product at problem, ought to obtain further scrutiny.
4. Confirm that suppliers can substantiate their claims. Suppliers ought to be capable of assist origin and manufacturing claims with data equivalent to manufacturing paperwork, raw-material data, buy orders, invoices, stock data, and transport documentation.
5. Address uncertainty earlier than importation. Questions about whether or not merchandise falls inside an AD/CVD order are significantly simpler to handle earlier than items enter the US than after CBP initiates an enforcement motion.