Southern Shrimp Alliance

U.S. Customs and Border Protection Stands Up New Investigation Proceedings to Counter Evasion of Trade Remedy Laws

September 1st, 2016
Last week, notice was published in the Federal Register of U.S. Customs and Border Protection’s (CBP) Interim Final Rule establishing procedures for the investigation of evasion of antidumping and countervailing duty orders.  These new administrative proceedings were established by Title IV, Section 21 of the Trade Facilitation and Trade Enforcement Act of 2015, a title commonly referred to as the Enforce and Protect Act of 2015 (EAPA).
With regard to the shrimp industry, the new EAPA proceedings authorize U.S. shrimpers, shrimp processors, shrimp wholesalers, foreign shrimp producers, foreign shrimp exporters, U.S. shrimp importers, and shrimp trade and business associations to formally file allegations with CBP that a U.S. importer has evaded the payment of antidumping duties on shrimp imports.  If CBP decides to initiate an investigation based on any allegation filed, the agency can take action to facilitate the payment of duties on previously imported merchandise.
Anyone desiring to submit an allegation can do so by e-mail via the following e-mail address:  eapallegations@cbp.dhs.gov.  CBP requests that anyone submitting an allegation state in the subject line of the e-mail that they are submitting an EAPA allegation.  CBP’s regulations confirm that small businesses are entitled to technical assistance from the agency in preparing an allegation.  Any small business considering filing an allegation may make a request for technical assistance from CBP “at any time via the e-mail address designated on CBP’s online e-Allegations system . . . .”
The new EAPA proceedings complement existing avenues for bringing seafood fraud to the attention of federal agencies.  Any party wishing to submit an informal allegation of antidumping duty evasion on shrimp imports – or any other type of trade fraud regarding shrimp imports – continues to be able to do so through CBP’s e-Allegations portal found here:  https://eallegations.cbp.gov/Home/Index2
Further, anyone with information pertaining to seafood fraud – whether involving imported or domestic shrimp – is encouraged to contact NOAA Law Enforcement’s working group on seafood fraud at safe.seafood@noaa.gov or at the toll-free hotline 1-800-853-1964.
Information regarding reporting non-emergency issues pertaining to food products in the marketplace to the U.S. Food and Drug Administration is available here:  http://www.fda.gov/Safety/ReportaProblem/ucm059044.htm#food
In addition, the Southern Shrimp Alliance reviews, researches, and transmits information received through its “Report Shrimp Fraud” online portal (http://www.shrimpalliance.com/report-shrimp-fraud/) to appropriate government authorities.
More information regarding CBP’s new EAPA investigation proceedings is available from the agency here: