EAPA Case 7734: Fortress Iron, LP (Notice of Determination as to Evasion, August 21, 2023)

WASHINGTON— On August 21, 2023, CBP issued the notice of determination as to evasion for EAPA case 7734 filed by the Aluminum Extrusions Fair Trade Committee, against U.S. importer, Fortress Iron, LP, also referred to or doing business under the names Fortress Fence Products and Fortress Building Products (“Fortress”) for evasion of the applicable AD/CVD orders A-570-967 and C-570-968 on aluminum extrusions from China.  Specifically, evidence on the record indicates Fortress imported aluminum extrusion fence merchandise from Chinese suppliers that did not meet the requirements of the products excluded from the aforementioned AD/CVD orders, but did not declare them as subject to the orders, and no AD/CVD cash deposits were applied to the merchandise at the time of entry.  CBP has determined that there is substantial evidence of evasion of AD/CVD duties by Fortress and, therefore, CBP issued a formal notice of determination as to evasion and has taken enforcement actions.

In light of CBP’s findings:

• CBP will suspend or continue to suspend the entries covered by this investigation, until instructed by Department of Commerce to liquidate.
• For those entries previously extended in accordance with Interim Measures, CBP will rate adjust and change those entries to type 03 and continue suspension until instructed by Department of Commerce to liquidate these entries.
• CBP will continue to evaluate Fortress’s continuous bonds in accordance with CBP’s policies.

For additional information on CBP and EAPA, please visit EAPA Trade Enforcement page. If you suspect an importer of duty evasion, CBP encourages you to submit an allegation through our online portal.

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