DHS Posts CBP AD/CV Statistics for Recent Fiscal Years

The Department of Homeland Security recently posted CBP reports on antidumping and countervailing duty enforcement actions for fiscal years 2019 and 2018. DHS posted both reports April 15, though the FY 2019 report is dated Nov. 13, 2020, and the FY 2018 report is dated Dec. 12, 2019.

During FY 2019, "CBP collected approximately $1.9 billion in AD/CVD deposits and levied monetary penalties totaling over $80.5 million on importers for fraud, gross negligence, and negligence of AD/CVD requirements. CBP entry summary reviews during FY 2019 also resulted in recovery of over $121.8 million in AD/CVD owed, nearly an 86 percent increase over the revenue recovered in FY 2018," the agency said. "Additionally, CBP audits identified approximately $20.4 million in owed AD/CVD with $4.8 million collected to date. Finally, CBP and ICE seized shipments with a domestic value of more than $131,000 for AD/CVD violations."

The Commerce Department issued 53 new AD/CVD orders during FY 2019, "nearly a 13 percent increase over the number of orders in place the previous year," it said. "CBP processed 1,704 AD/CVD instruction messages issued by Commerce," during that year too. "CBP staff at Centers used the ACE AD/CVD inquiry module to submit 115 inquiries on AD/CVD issues to CBP Headquarters and Commerce. In addition, in FY 2019, CBP liquidated 283,075 AD/CVD entries. CBP and Commerce continue to work together to identify enhancements to ACE that will further facilitate AD/CVD administration and enforcement."

Imports from China made up 43.6% of the uncollected AD/CV duties during the year, it said. "In total, five of the top six cases for uncollected AD/CVD, accounting for $2.44 billion, or 64.4 percent, of the $3.79 billion in total uncollected AD/CVD, involved imports from China." CBP would like to "determine whether successor companies to importers with unpaid AD/CVD bills may be held liable for the bills incurred by the debtor importer. CBP may identify new importers which are importing the same commodity as the debtor importer, and which may have links through common ownership, management, and other factors to the debtor importers," it said. "This requires significant resources to identify and confirm these links, and even once identified, there are significant legal thresholds to hold one company liable for another company’s debts."