CBP Consolidates Cases and Issues Interim Measures on Iron Soil Pipe

CBP is consolidating two Enforce and Protect Act investigations and setting interim measures against Phoenix Metal for alleged evasion of AD and CVD orders A-570-079 and C-570-080 on cast iron soil pipe from China. According to the March 28 notice, the EAPA investigation followed a Feb. 17, 2022, complaint by the Cast Iron Soil Pipe Institute that alleged Phoenix Metal acted as importer of record and exported soil pipe covered by the AD/CVD orders to Glendale Plumbing and Fire Supply, Inc. using the Cambodian "front company" Little Fireflies International.

The investigation is being consolidated into EAPA case 7621 because evidence shows that the subject of case 7621, Dalian Metal, is likely affiliated with Little Fireflies and Phoenix Metal under common ownership by Linghong Li. The alleger stated that Li is also the founder and president of importer Lino International Inc., which CBP determined to have evaded payment of AD/CVD by importing Chinese-origin soil pipe from the Cambodian exporter HiCreek Plumbing in EAPA consolidated case 7454.

The alleger noted that Phoenix Metal uses the same address to report its shipments that HiCreek used and that in case 7454, Lino “was not truthful with CBP on several instances” and “was an active agent of transshipment rather than a passive recipient of transshipped merchandise.” Because of the consolidation, the period of covered entries goes back more than the usual one-year period and begins Aug. 13, 2020.

CBP is ordering suspension of liquidation for each unliquidated entry of covered merchandise entered on or after Feb. 28, 2022, the date of the initiation of the investigation. The agency is also extending the period for liquidating each unliquidated entry of merchandise that entered before Feb. 28, 2022.