WASHINGTON (October 2026) — In another victory for U.S. freight rail coupler (FRC) manufacturers, U.S. Customs and Border Protection (CBP) affirmed a May 18, 2026 evasion determination under the Enforce and Protect Act (EAPA). CBP found The Greenbrier Companies, Inc. and its subsidiaries (collectively, Greenbrier) evaded payment of duties in violation of existing antidumping and countervailing duty (AD/CVD) orders on FRCs from China and Mexico.
After a review of the determination as requested by Greenbrier, CBP again determined that there was substantial evidence that Greenbrier evaded paying duties on the FRCs from Mexico and China entering the United States. Despite importing FRCs covered by AD/CVD orders, CBP noted that, in submissions to CBP, Greenbrier conceded that it did not formally declare or file entry documentation and did not tender AD/CVD cash deposits or duties for the mounted FRCs.
Instead, Greenbrier improperly claimed that its railcars, and the FRCs attached, were exempt from formal entry and duties. CBP concluded that Greenbrier failed to file required entry documentation, constituting a material omission, and also failed to tender applicable AD/CVD cash deposits and duties for the covered merchandise, resulting in evasion.
“CBP’s decision is an important reaffirmation of EAPA’s purpose to ensure compliance with U.S. antidumping and countervailing duty laws and to prevent evasion of lawfully owed duties,” said Daniel B. Pickard, lead counsel for the Coalition of Freight Rail Coupler Producers. “It also helps protect the domestic industry from unfair trade practices by sending a clear message that U.S. trade laws will be enforced.”
As a result of CBP’s affirmation, CBP will require formal entries for the FRCs subject to the applicable AD/CVD orders, including requiring Greenbrier to file formal consumption entries for the railcars to which the FRCs are affixed. Greenbrier will also be required to rectify non-compliance with provisions governing admission railcars carrying FRCs during the relevant period of investigation. CBP also recognized that its decision does not preclude CBP or other agencies from pursuing additional enforcement actions or penalties.
Buchanan’s team of international trade and national security attorneys has decades of experience supporting clients to ensure that the U.S. market is operating under fair and equal conditions through various trade remedies, including through the Enforce and Protect Act.