News Update

10
Jan

Trade Remedy Laws; A Compliance Challenge

U.S. Customs named the enforcement of Trade Remedy Laws as one of their priority items and we have seen an increased number of enforcement actions occurring during the past six months and we expect the increases to continue as we move forward. Since Trade Remedy Laws are an area of increased enforcement focus it is important that every company that imports products into the U.S. understands these laws and their impact on trade.

So what are Trade Remedy Laws? Two of the most common are anti-dumping duties and countervailing duties - additional duties that are assessed on certain products imported from specific countries. Currently over 100 items from China alone are subject to increased duties that can be as high as 200% of the goods value or more. A total of 45 countries currently have products that may be subject to these additional duties.

U.S. Customs fully expects the importer of record to exercise due diligence and reasonable care in confirming whether or not their imported products are subject to Trade Remedy Laws and if they are ensuring that the correct additional duties are paid at the time of import. The failure to pay these additional duties if they are due can lead to sizable penalties plus the requirement to pay the duties retroactively with interest. Customs can look back two years or more and demand these payments so the risk is huge.

A problem importers face is how to determine whether or not their imported products are covered under Trade Remedy Laws. These laws are overseen by the Department of Commerce and the U.S. International Trade Commission and U.S. Customs serves as the enforcement agency. There is no easy place to turn to in order to find out whether or not you will need to pay the additional duties. Many importers have to turn to an expert (Customs Broker, trade consultant or Customs attorney) to assist them in verifying whether or not their products fall under the Trade Remedy Laws.

For more information about Trade Remedy Laws you can go to the below websites:

  • Trade.gov webpage - HERE
  • Customs and Border Protection webpage - HERE
  • USITC webpage - HERE

TradeLogic International is ready to assist you. Please contact us at info@tradelogicintl.com and we'll be happy to discuss Trade Remedy Laws with you.

usitc

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