19 CFR 165.14 – Other Federal agency requests for investigations
(a) Requests for investigations. Any other Federal agency, including the Department of Commerce or the United States International Trade Commission, may request an investigation under this part. CBP will initiate an investigation if the Federal agency has provided information that reasonably suggests that an importer has entered covered merchandise into the customs territory of the United States through evasion, unless the agency submits a request to withdraw to the designated email address specified by CBP.
Terms Used In 19 CFR 165.14
- 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
- United States: includes all territories and possessions of the United States, except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. See 19 CFR 134.1
(b) Contents of requests. The following information must be included in the request for an investigation:
(1) Name of importer against whom the allegation is brought;
(2) Description of the covered merchandise;
(3) Applicable AD/CVD orders;
(4) Information that reasonably suggests that an importer has entered covered merchandise into the customs territory of the United States through evasion;
(5) Identification of a point of contact at the agency; and
(6) Notification of any knowledge of or reason to suspect that the covered merchandise poses any health or safety risk to U.S. consumers.
(c) Receipt of requests. Requests for an investigation must be filed electronically via CBP’s online e-Allegations system or through any other method approved or designated by CBP. The date of receipt is the date that CBP transmits notice of the assigned control number to the Federal agency that filed the request.
(d) Notice of release of information—(1) Public information. CBP will treat the information required by paragraphs (b)(1) through (3) of this section as public information.
(2) Business confidential treatment. CBP will create a public summary of the information required by paragraphs (b)(4) and (6) of this section.
(e) Access to investigation. The Federal agency is not a party to the investigation. Therefore, it will neither receive official notice of developments after CBP’s receipt of the request for an investigation nor will it receive service of any documents filed by interested parties. Only the parties to the investigation will be entitled to notice and service, as well as the related rights to administrative review and judicial review.