EAPA Action: Notice of Determination as to Evasion in EAPA Case 7711 - chassis and subassemblies from China

On May 23, 2023, U.S. Customs and Border Protection (CBP) issued its determination as to evasion by Pitts Enterprises, Inc. (Pitts) in Enforce and Protect Act (EAPA) investigation 7711. Pitts was suspected of evading antidumping duty (AD) order A-570-135 and countervailing duty (CVD) order C-570-136 on certain chassis and subassemblies from the People’s Republic of China (China). CBP found that Pitts was knowingly importing finished chassis comprised of numerous Chinese Origin subassemblies and/or subassembly components into the United States as a product of Vietnam only, without disclosing China as the Country of Origin of the components, and without identifying the chassis as having Chinese Origin components, subject to the Orders.

In light of CBP’s findings, CBP will:

• CBP will suspend or continue to suspend the liquidation for all entries imported by Pitts, that are subject to EAPA consolidated investigation 7711, and continue suspension until instructed to liquidate these entries.
• For those entries previously extended in accordance with the interim measures, CBP will rate adjust and change those entries to type 03 and continue suspension until instructed to liquidate these entries.
• CBP will also evaluate the Pitts’ continuous bonds in accordance with CBP’s policies and may require single transaction bonds as appropriate.