CBP believes goods are in the scope of an AD/CVD order, but the importer disagrees. In these cases, we advise the importer to seek a scope ruling with DOC to confirm that the goods are not included within the scope of the AD/CVD orders. In many instances, DOC agrees with the importer. The question is whether CBP is going to treat this type of situation as a potential duty evasion or whether CBP will limit its investigations to transshipments, false declarations of origin, or the mismarking of products.

Stay tuned. For further information, contact Douglas J. Heffner or Richard P. Ferrin, or any other member of the Customs and International Trade Team.

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