Customs EAPA Investigations for ADCVD Evasion

General Information about EAPA Investigations

The Enforce and Protect Act (EAPA), Title IV, Section 421 of the Trade Facilitation and Enforcement Act (TFTEA) of 2015, was signed into law on February 24, 2016. See, 19 USC §1517.

To implement the law, U.S. Customs and Border Protection’s (CBP) implementing regulations were issued on August 22, 2016. See, CBP’s Interim Final Rule providing procedures for EAPA investigations.

EAPA establishes procedures for an “interested party” to submit an allegation that an importer is evading its payment of antidumping and countervailing (AD/CV) duties. The EAPA investigation process (diagram here) is complex.

Companies facing a civil or criminal investigation for customs fraud or evasion of customs duties, excise taxes, or antidumping / countervialing duties (AD/CVD), are advised to immediately retain legal representation.

Our customs attorneys understand the nuances of the customs and trade laws.  We understand and can respond to such allegations.  There may be legal measures that should be undertaken immediately to either dispute, confirm, challenge, or protect legal rights. 

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Our customs lawyers are known nationally and internationally for their work in customs and international trade law. 

The firm's offices are located in San Francisco, California, Seattle, Washington, and Los Angeles, California.

 Our practice areas include classification, valuation, admissibility, customs detentions, seizures and penalty proceedings, and customs audits.  We bring litigation, and handle numerous other types of issues arising in international trade. See our services listings.


Our customs attorneys represent companies under investigation or charged with customs fraud or AD/CVD fraud (evasion)

Contact a firm attorney directly at (415) 498-0070.

Curated News on CBP’s EAPA Investigations:

See also, our Investigations news page.

December 11, 2018: CBP: EAPA Consolidated Case Number: 7227: Sun Bright International Corporation and Fair Importing Corporation (Notice of Final Determination as to Evasion).

December 3, 2018: OIG: Report on CBP’s electronic searches at the border.

July 20, 2018: CBP: EAPA Case Number 7205: Lyke Industrial Tool, LLC and PowerTek Tool, Inc. (Notice of Final Determination as to Evasion).

July 2, 2018: CBP: EAPA Case Number 7208:  Ceka Nutrition, Inc. (Notice of Final Determination as to Evasion).

July, 2018: CIT suggests that a U.S. buyer might be liable for another company's import transactions.  United States v. Gateway Import Management et al., Slip Op. 18-83 (July 3, 2018).  See also, United States v. Maverick Marketing Inc., Slip Op. 18-84 (July 3, 2018).

May 21, 2018: CBP: EAPA Case Number 7204:  American Pacific Rubber, Inc. (Notice of Final Determination as to Evasion).

March 15, 2018: CBP: EAPA Consolidated Case Number: 7191 (Notice of Final Determination as to Evasion).

March 6, 2018:  Video: Inside Homeland Security Investigations (HSI) which investigates and enforces 400+ federal laws.

August 14, 2017: CBP: EAPA Case Number 15135/7175:  Eastern Trading NY Inc. (Notice of Final Determination as to Evasion)

August, 2017: USTR Report to Congress on Trade Enforcement Priorities. 

June, 2017:  Streetsboro tire company indicted for fraudulently avoiding nearly $10 million.

January, 2017: Customs opens fraud center in Puerto Rico: San Juan Trade Enforcement Coordination Center.

October 21, 2016: CBP: TFTEA Regulations proposed re: ADCVD Evasion investigations.

September 10, 2016: Customs continues pursuit of evasion in Honey industry.

May 15, 2016: Customs Trade Enforcement Task Force.

June, 2016: HSI pursues evasion in Chinese honey.

October, 2015: DOJ Yates Memo: DOJ Guidance on Accountability of Individuals for Corporate Fraud.