U.S. Customs and Border Protection (CBP) issued favorable decisions in Enforce and Protect Act (EAPA) investigations involving quartz surface products (QSP) on March 13, 2025 (case no. 7888) and March 17, 2025 (case no. 7887). In both cases, CBP found that importers represented by GDLSK did not evade antidumping duty order A-570-084 and countervailing duty order C-570-085 on QSP from the People’s Republic of China. Both cases were initiated based on allegations filed by domestic QSP manufacturer Cambria Company LLC (Cambria).
If evasion had been found, the importers were potentially subject to a combined duty rate for entries subject to both antidumping duty and countervailing duty (AD/CVD) orders of 371.47%.
EAPA is a U.S. law that grants CBP enhanced authority to investigate companies that are suspected of avoiding payment of AD/CVD duties. If CBP determines that evasion occurred, the importer may face the retroactive payment of duties (plus interest) for shipments deemed subject to the orders, increased scrutiny and audits, and potential civil or criminal penalties.
In case nos. 7887 and 7888, the allegations claimed that the importers had been importing Chinese-origin QSP transshipped through Thailand without paying the applicable AD/CVD duties. CBP conducted an extensive investigation, including the issuance of multiple questionnaires and on-site verifications of key suppliers.
In both cases, CBP concluded that the QSP imported by the GDLSK clients was produced in Thailand, as claimed, and therefore not within the scope of the AD/CVD orders on QSP from China. As a result of these decisions, AD/CVD will not be assessed against the companies.
In case no. 7888, Cosmos Granite (East), Inc. was represented by GDLSK attorneys David M. Murphy and Wei Zhao. In case no. 7887, Broadcreek Marketing Associates was represented by GDLSK attorneys Erik Smithweiss and Sarah Raymond.
These decisions underscore the importance of a strong legal defense in EAPA investigations. The decisions highlight the effectiveness of comprehensive legal advocacy and detailed factual analysis in contesting AD/CVD evasion allegations.
If you have questions about these CBP EAPA determinations or require legal assistance with customs compliance, trade enforcement actions, or AD/CVD matters, please contact one of our attorneys.
