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Recent Changes in U.S. Antidumping and Countervailing Duty Regulations


Unpacking the Updates: What You Need to Know About the Latest Changes in U.S. Antidumping and Countervailing Duty Regulations. Date of last update: 18.12.2023



Latest Updates


ADD investigation against  Adi Chemtech for evading antidumping duty (AD) - 18.12.2023

CBP investigates Adi Chemtech for evading antidumping duty (AD) order A-570-985 on Chinese xanthan gum. CBP suspects Adi Chemtech entered US customs territory by transshipping Chinese xanthan gum through India via Prachin Chemical (Prachin). Due to this, CBP is issuing a formal NOI and implementing the following interim measures.


EAPA Action: Notice of Determination as to Evasion in EAPA Case 7794 - Xanthan Gum

On December 4, 2023, CBP issued the notice of determination as to evasion for EAPA case 7794 filed by CP Kelco U.S., Inc., against U.S. importer Colony Gums Inc. (Colony Gums) for evasion of the applicable AD order A-570-985 on xanthan gum from China. Specifically, evidence on the record shows Colony Gums imported Chinese-origin xanthan gum that was transshipped through India and entered under the wrong country of origin. CBP has determined that there is substantial evidence of evasion of AD duties by Colony Gums and, therefore, CBP issued a formal notice of determination as to evasion and has taken enforcement actions.

In light of CBP’s findings, CBP will:

  • CBP will suspend or continue to suspend the entries covered by this investigation, until instructed to liquidate.

  • For those entries previously extended in accordance with Interim Measures, CBP will rate adjust and change those entries to type 03 and continue suspension until instructed to liquidate these entries.

CBP will continue to evaluate Colony Gums’ continuous bonds in accordance with CBP’s policies.




Previous Updates


On January 16, 2024, CBP will nationally implement cargo messaging to communicate with the filer on entry summaries that are potentially non-compliant for antidumping and countervailing duties (AD/CVD) while the entry summaries are in trade control. 


Specifically, CBP is aiming to address AD/CVD entry summaries that appear to have omitted companion AD or CVD case numbers and/or applied an improper company-specific 10-digit AD/CVD case number.  The cargo messaging is informational only and filers don't need to take action after receiving such a message.  When corrective action is taken by the filer to address the potentially noncompliant AD/CVD issue while the entry is still in trade control, this may reduce the need for further action by CBP for the identified issue.


Examples of Cargo Messages

Below are examples of cargo messages for entry summaries that appear to have omitted companion AD/CVD case numbers:  



In these examples, CBP identified an issue with the entry summary in which the filer has either declared the CVD case and not the corresponding AD case, or vice versa.  The filer is encouraged to review the issue and revise the entry summary while it is in trade control - prior to entry summary submission to CBP. 


Below is an example of a cargo message for an entry summary that appears to have improperly used a company-specific 10-digit AD/CVD case number:


Example: “CargoMsgADCVD@cbp.dhs.gov: Entry MFGR or EXPR fails to meet DOC company requirements for case A201837001 on one or more lines.”


In this example, CBP identified an issue where the manufacturer and/or exporter identified in the entry summary do(es) not appear to match the company(ies) associated with the 10-digit AD/CVD case number provided in the ACE AD/CVD case reference file for that AD/CVD case.  The filer is encouraged to review the identified issue and revise the entry summary while it is in trade control - prior to entry summary submission to CBP. 


CBP aims to review all entry summaries in trade control for these AD/CVD compliance issues and provide notification via cargo messaging when concerns are identified.  Regardless of whether or not CBP notifies a filer through a cargo message about AD/CVD compliance issues, if CBP identifies any enforcement concerns, CBP may take additional actions to enforce entry summary compliance.


For general questions, or concerns about specific AD/CVD cargo messages, please email CargoMsgADCVD@cbp.dhs.gov.


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