ANNOUNCED AS TEMPORARYNo
On February 24, 2016 the White House released a report entitled "Standing up for American Workers and Businesses: The Obama Administration's Trade Enforcement Record." One initiative announced in that document (page 14) provides for additional monitoring of steel imports that are subject to anti-dumping and countervailing duties. China is the principal target of this initiative. Under this initiative, Customs and Border Protection (CBP) will implement 'enhanced enforcement measures on steel imports at a high-risk for evasion of AD/CVD duties.' The enhanced steel enforcement measures include: '1) implementing a targeted increased approach to review steel imports. CBP will be implementing enhanced reviews of Chinese steel imports which will provide a statistically valid measure of risk, increase the reviews of Chinese steel imports, and provide targets for further enforcement; 2) requiring 'Live Entry' for certain high risk steel shipments (which means that all entry documents and duties are required to be provided before cargo is released by CBP into U.S. commerce).' According to one analysis of this measure by Melissa M. Brewer and Paul C. Rosenthal (Kelley Drye & Warren LLP), the 'live entry' procedures will 'require the importer of record to provide necessary paperwork and pay duties before the imported merchandise is released into the U.S. market,' and the 'effect of these procedures will be to slow importation of merchandise for which the importer cannot satisfy the requirements. The procedures will also allow CBP to immediately identify potential issues or inconsistencies with the entry paperwork. The live entry procedures stand in contrast to the routine requirements that allow imports to be released into the U.S. market days before the importer is required to file paperwork and pay duties.'
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