08 Nov 2017

Antidumping Alert: Oil Country Tubular Goods, Vietnam

Antidumping Alert: Oil Country Tubular Goods, Vietnam

In July, U.S. Customs and Border Protection (CBP) launched an investigation into the evasion of an antidumping duty order regarding oil country tubular goods (OCTG) from Vietnam.  After allegations brought by a domestic producer, an American company importing steel pup joints, from Vietnam, and declaring them as upper extension nipples – avoiding the 114.47% duty.

Upon cargo examination, CBP determined that the allegation had substantial evidence of evasion over the course of eleven imports.  For full scope, visit EAPA Case Number 7204.

U.S. Customs and Border Protection defines evasion as:

  • misrepresentation of the goods’ true country of origin,
  • false or incorrect shipping and entry documentation,
  • misreporting of the goods’ physical characteristics.

The following measures have been implemented:

  • rate adjustment to unliquidated entries of subject goods entered as not subject to the order and requiring AD cash deposits;
  • required live entry for all imports by the culpable shipper;
  • rejection and refiling of any entry summaries within the entry summary reject period;
  • suspended liquidation of entries submitted on or after July 18, 2017 with an extended liquidation period for all unliquidated entries entered before that date;
  • evaluation of the importer’s continuous bond – requiring single transaction bonds, as appropriate.

The Enforce and Protect Act (EAPA) of the Trade Facilitation and Trade Enforcement Act gives Customs an expanded role in investigating antidumping and countervailing (AD/ CVD) evasion with broad jurisdiction and authority to conduct investigations of claims submitted and can impose remedial measures that can halt supply chains in 90 days or less.