EAPA Case 7841: BMF Imports, LLC (Notice of Initiation of Investigation and Interim Measures, April 2, 2024)

EAPA Action: Notice of Initiation of Investigation and Interim Measures in EAPA Case 7841 – Xanthan Gum from China

Washington - On April 2, 2024, U.S. Customs and Border Protection (CBP) issued its notice of initiation of investigation and interim measures as to evasion by BMF Imports, LLC (Importer) in Enforce and Protect Act (EAPA) investigation 7841, examining the evasion of antidumping duty (AD) order A-570-985 on xanthan gum from the People’s Republic of China (China). CBP found there was reasonable suspicion that the Importer entered xanthan gum from China that had been transshipped through India.

In light of CBP’s determination that the Importer entered covered merchandise into the customs territory of the United States through evasion, and pursuant to its authorities under EAPA, CBP will:

• Require “live” entry for all imports of xanthan gum, meaning the Importer must submit proper import documentation and duties prior to the release of its merchandise;
• Suspend or extend the Importer’s entries without final computation or determination of duties (liquidation), as appropriate; and
• Review the Importer’s continuous bond and application of single transaction bonds for its entries, as appropriate.

These actions do not preclude CBP from taking additional enforcement measures as it determines appropriate under its EAPA or other legal authorities, which include pursuing civil penalties or investigations into criminal violations.

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

Follow CBP Office of Trade on Twitter @CBPTradeGov.