19 CFR 165.13 – Consolidation of allegations
(a) In general. Multiple allegations against one or more importers may be consolidated into a single investigation at CBP‘s discretion. Consolidations may be made at any point prior to the issuance of a determination as to evasion with respect to a particular importer. If multiple allegations are received and consolidated prior to the initiation of an investigation, then the date of receipt of the first properly filed allegation will start the time period for the deadline to initiate the investigation described in § 165.15 with respect to that allegation.
Terms Used In 19 CFR 165.13
- Allegation: something that someone says happened.
- allegation: refers to a filing with CBP under § 165. See 19 CFR 165.1
- CBP: means U. See 19 CFR 101.1
- covered merchandise: means merchandise that is subject to a CVD order issued under section 706, Tariff Act of 1930, as amended (19 U. See 19 CFR 165.1
- evasion: refer to the entry of covered merchandise into the customs territory of the United States for consumption by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the covered merchandise. See 19 CFR 165.1
- Importer: means the person primarily liable for the payment of any duties on the merchandise, or an authorized agent acting on his behalf. See 19 CFR 101.1
- investigation: refers to the CBP administrative process described in subpart C of this part, and is a formal investigation within the meaning of section 592(c)(4), Tariff Act of 1930, as amended (19 U. See 19 CFR 165.1
- parties to the investigation: means the interested party (or interested parties, in the case of consolidation pursuant to § 165. See 19 CFR 165.1
(b) Criteria. CBP may consolidate multiple allegations if warranted based on the consideration of certain factors. The factors that CBP may consider include, but are not limited to, whether the multiple allegations involve:
(1) Relationships between the importers;
(2) Similarity of covered merchandise;
(3) Similarity of AD/CVD orders; and
(4) Overlap in time periods for entries of covered merchandise.
(c) Notice. Notice of consolidation will be promptly transmitted to all parties to the investigation if consolidation occurs at a point in the investigation after which they have already been notified of the ongoing investigation. Otherwise, parties will be notified no later than 95 calendar days after the date of initiation of the investigation.
(d) Service requirements for other parties to the investigation. Upon notification of consolidation, parties to the consolidated investigation must serve via an email message or through any other method approved or designated by CBP upon the newly added parties to the investigation the public versions of any documents that were previously served upon parties to the unconsolidated investigation. Service must take place within five business days of the notice of consolidation.