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 C—Investigation Procedures

19 C.F.R. § 165.27

Determination as to evasion

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(a) Determination. Upon conclusion of the investigation, CBP will make a determination based on substantial evidence as to whether covered merchandise was entered into the customs territory of the United States through evasion.

(b) Notification. No later than five business days after making a determination under paragraph (a) of this section, CBP will send via an email message or through any other method approved or designated by CBP a summary of the determination limited to publicly available information under paragraph (a) to the parties to the investigation.

(c) Negative determination. If CBP makes a determination under paragraph (a) of this section that covered merchandise was not entered into the customs territory of the United States through evasion, then CBP will cease applying any interim measures taken under § 165.24 and liquidate the entries in the normal course.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2024 · leading case: Far East Am., Inc. v. United States, 2024 CIT 40 (Ct. Intl. Trade 2024).
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Far East Am., Inc. v. United States, 2024 CIT 40 (Ct. Intl. Trade 2024). “See 19 C.F.R. § 165.27 (c) (2023) (“If CBP makes a determination under paragraph (a) of this section that covered merchandise was not entered into the customs territory of the United States through evasion, then CBP will cease applying any interim measures taken under [section]…”
Skyview Cabinet USA, Inc. v. United States, 2023 CIT 91 (Ct. Intl. Trade 2023). · cites it 2× “§ 1517 (c)(1)(A); 19 C.F.R. § 165.27 (a). Skyview claims that, because there are allegedly conflicting facts regarding the country of origin of the subject merchandise entered into the record, the statute required Customs to refer the matter to Commerce for consultation.”
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