The effective enforcement of unfair trade orders depends on close collaboration between the Departments of Homeland Security and Commerce to identify and investigate patterns of noncompliance, to work cooperatively to advance enforcement cases, as well as on partnerships between the agencies and private sector stakeholders who are critical to identifying unfair trading practices.
Evasion is an illegal activity that refers to the importation of merchandise into the United States by an act or omission that is material and false, and which results in the correct duties being reduced or not applied to the merchandise. Examples of evasion include:
In March 2017, the Aluminum Association filed its first-ever unfair trade case against large rolls of aluminum foil (weighing more than 25 pounds) from China. Following extensive investigations, the Commerce Department published final AD/CVD orders (83 FR 17360, 17362) on certain aluminum foil imported into the United States from China on April 19, 2018. The effective combined AD/CVD duty deposit rates calculated by the Commerce Department range from 55 to 187 percent, reflecting the substantial magnitude of the unfair trade practices by Chinese producers and exporters of aluminum foil.
The orders apply to aluminum foil (classifiable under HTS 7607) having:
One year after the orders took effect, the Association released a white paper, Targeted Trade Enforcement in Action: Aluminum Foil AD/CVD One-Year Later, highlighting the positive impact of the AD/CVD orders on the domestic industry.