C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 165—INVESTIGATION OF CLAIMS OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTIES › Subpart B—Initiation of Investigations

19 C.F.R. § 165.16

Referrals to Department of Commerce

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(a) When required. A referral is required if at any point after receipt of an allegation, CBP cannot determine whether the merchandise described in an allegation is properly within the scope of an antidumping or countervailing duty order.

(b) Referral. The referral may contain any necessary information available to CBP regarding whether the merchandise described in an allegation is subject to the relevant AD/CVD orders.

(c) Notice of referral. TRLED will promptly notify the parties to the investigation of the date of the referral.

(d) Effect on investigation. The time period required for any referral and determination by the Department of Commerce will not be counted toward the deadlines for CBP to decide on whether to initiate an investigation under § 165.15, whether to take interim measures under § 165.24, or the deadline to issue a determination as to evasion under § 165.27.

(e) Notice of decision. CBP will place the determination by the Department of Commerce on the administrative record of CBP's proceeding and will electronically notify the parties to the investigation.

[81 FR 56482, Aug. 22, 2016, as amended at 89 FR 19260, Mar. 18, 2024]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2019–2023 · leading case: Sunpreme Inc. v. United States, 924 F.3d 1198 (Fed. Cir. 2019).
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Sunpreme Inc. v. United States, 924 F.3d 1198 (Fed. Cir. 2019). “See 19 C.F.R. § 165.16 (in the context of investigating claims of evasion of antidumping and countervailing duties, requiring referrals to Commerce in certain circumstances).”
Vietnam Finewood Co. v. United States, 2020 CIT 106 (Ct. Intl. Trade 2020). “” 19 C.F.R. § 165.16 (a) (emphasis added). Court No.”
Skyview Cabinet USA, Inc. v. United States, 2023 CIT 91 (Ct. Intl. Trade 2023). “at § 1517 (b)(4)(A); 19 C.F.R. § 165.16 . Customs issues a final determination as to whether evasion has occurred “based on substantial evidence” within three hundred days of the investigation’s initiation.”
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