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CBP Announces EAPA Investigation, Interim Measures on Quartz Surface Products From China

CBP announced an Enforce and Protect Act investigation and said it has reasonable suspicion that Broadcreek Marketing Associates, Dorado Surfaces, Kingka Cabinet and Multistone Enterprises evaded the antidumping and countervailing duty orders on quartz surface products from China. The agency enacted interim measures against the importers.

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The initiation notice, dated June 18, followed an allegation from Cambria Company, a U.S. producer of quartz surface products, which said that the importers were violating the AD/CVD orders. Cambria said the products appeared to have been made by a Chinese manufacturer and transshipped through Thailand.

CBP issued Form 28 requests for information to all four companies concerning their entries, but three of their responses were “incomplete and contribute to the reasonable suspicion that the Importers entered covered merchandise without the payment of applicable AD/CVD duties,” the agency said. Multistone didn’t reply to CBP.

Broadcreek’s response contained “multiple discrepancies,” CBP said, and a Thai customs document provided by the importer referenced China multiple times, “which appears to be an indication that the country of origin is China.” Responses by Kingka and Dorado also contained discrepancies, CBP said, and the importers didn’t provide their purchase orders, proof of payment that ties to the manufacturer or their contracts.

The agency said it will suspend the liquidation of each unliquidated entry that entered on or after Feb. 1, 2023, the date of the initiation of the investigation; extend the period for liquidating each unliquidated entry of such covered merchandise that entered before that date; and may take additional measures, including requiring a single transaction bond or additional security or the posting of a cash deposit with respect to such covered merchandise. CBP will require live entry and reject any entry summaries that don't comply with live entry procedures as well as evaluate the importer's continuous bonds to determine sufficiency.

The importers didn't respond to our requests for comment.