Background
The Enforce and Protect Act (EAPA), Title IV, Section 421 of the Trade Facilitation and Enforcement Act (TFTEA) of 2015, was signed into law on February 24, 2016, and the U.S. Customs and Border Protection’s (CBP) implementing regulations were issued on August 22, 2016. EAPA establishes procedures for an “ interested party” to submit an allegation that an importer is evading its payment of antidumping and countervailing (AD/CVD) duties. AD and CVD duties are intended to offset the value of dumping and/or subsidization, thereby leveling the playing field for domestic industries injured by such unfairly traded imports.
Benefits of Filing an EAPA Allegation
- Creates a multi-party proceeding with greater information-sharing and transparency to investigate the evasion of AD/CVD orders.
- Requires CBP to determine whether evasion occurred within specified timeframes and provide that determination to the parties to the investigation.
- Provides CBP with new tools to investigate allegations and authorizes the collection of information from the party bringing the allegation, the importer, the foreign manufacturer/exporter, and even the foreign government.
- Allows for parties to the investigation to contest the determination as to evasion by requesting an administrative review of the determination with CBP Office of Trade’s Regulations and Rulings Directorate. Afterward, a party to that administrative review may file suit with the Court of International Trade to contest CBP's determination.
How to File an EAPA allegation?
Interested parties must file an EAPA Allegation through the “Report Enforce and Protect Act Violations” option on CBP’s Trade Violations Reporting tool. To learn more about EAPA allegations, please visit our New to EAPA webpage.
What happens after I file an EAPA allegation?
After you file an EAPA allegation, CBP will review and determine whether to initiate an investigation. If initiated, CBP will investigate the allegation and make a determination on whether AD/CVD evasion occurred. To learn more about the investigation process, please visit our New to EAPA webpage.
EAPA Investigation Timeline 
Where can I find guidance documents?
EAPA Allegation Checklists
EAPA Allegation Filing Portal
- Users must create or have an existing CBP account to file an allegation through the EAPA Allegation Filing portal.
Who should I contact at CBP for EAPA-related inquiries
You can reach CBP at: eapallegations@cbp.dhs.gov.
Where can I find more information about CBP’s Office of Trade and EAPA?
- You can visit Office of Trade’s main website for an organization overview at: cbp.gov/trade.
- Follow Office of Trade’s LinkedIn and X accounts for the latest agency’s news and updates.
- For first time visitors, learn more about us on our New to EAPA webpage!
- Watch us on YouTube for an informative EAPA Overview Video.
- If you are interested in filing an EAPA Administrative Review, visit:Requests for Administrative Review
Where can I find more information about the Court of International Trade (CIT)?
- CIT’s main website is helpful to understand its mission and jurisdiction over civil actions arising out of U.S. customs and international trade laws. You can learn more at: https://www.cit.uscourts.gov/
- If you are interested in filing a case with the CIT, you can begin here.
News and Updates
EAPA Overview and Allegation Filing Procedures
Spotlight on EAPA
For speaking engagement requests, please contact CBP at: Traderelations@cbp.dhs.gov