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US Enforce and Protect Act under discussion at the WTO

US Enforce and Protect Act under discussion at the WTO

GENEVA – At its meeting on October 27th 2016 the WTO’s Committee on Anti Dumping Practices discussed the new Enforce and Protect Act 2015 (EAPA), issued by the United States of America early this year. The objective of the EAPA is to combat evasion of Antidumping and Countervailing Duties measures in the United States.

The EAPA establishes a new division within the U.S Customs and Border Protection (CBP), with the competence to investigate products entering “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 merchandise”. SEC-402 (5).

Subsequent to the meeting, the Unites States explained in its WTO notification: G/ADP/IG/W/56, the deadlines of the investigation process under the EAPA.

The WTO requires each member state to notify other member states on any newly issued or amended trade-related laws or regulations, offering the opportunity for members to be timely aware of such legislations and to discuss their compatibility with the WTO agreements.

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