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Revised Regulation Streamlines “Importer Reimbursement Certification” To Conform With CBP Practice

In recent months, new and modified Department of Commerce regulations impacting antidumping (AD) and countervailing duty (CVD) proceedings have taken effect. These changes, which are intended “to strengthen and improve the administration and enforcement of the AD/CVD laws,” will have a significant impact on participants in AD/CVD proceedings.

What’s Changed?

  • Effective October 20, 2021, Commerce revised its regulation (19 C.F.R. 351.402(f)(2)) to include a new requirement that importers certify whether or not the importer has entered into an agreement for the payment or reimbursement of AD/CVD duties by the exporter or producer.
  • Such certifications may be filed electronically or by paper, but must be received by CBP prior to liquidation of entries.

What to Know

  • Certifications must contain the information necessary to link the certification to the relevant entry or entry line number(s).
  • If an importer does not provide its reimbursement certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures unless otherwise directed.

How We Can Help

The revised regulation requires importers to provide entry-specific information in connection with the Importer Reimbursement Certifications. Arent Fox can help importers navigate the new requirement and mitigate the risk of exposure related to CBP certification requirements.


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