Last Friday the U.S. Department of Commerce (Commerce), in coordination with U.S. Customs and Border Protection (CBP), announced that the Automated Commercial Environment (ACE) system will soon have a new feature allowing importers to identify entries that are the subject of an Antidumping (AD) and/or Countervailing Duty (CVD) certification.
The ability to identify entries in ACE that are subject to an AD/CVD certification is expected to allow Commerce and CBP to advance the administration of AD/CVD laws by these agencies.
In certain cases, Commerce has required parties to meet certification requirements to support claims as to whether an AD/CVD order is applicable to their merchandise. In September 2021, Commerce updated its regulations to adopt 19 CFR § 351.228, which enhanced Commerce's existing authority to require certifications on the applicability of AD/CVD orders.
Commerce's announcement indicates that it will instruct parties to use the new ACE functionality on a case-by-case basis. Using the new reporting functionality in ACE, an importer will be able to enter an additional declaration code at the time of entry, identifying whether the merchandise entering the customs territory of the United States is the subject of an AD/CVD certification requirement. With this new feature in ACE, Commerce and CBP anticipate that increased visibility of affected entry summaries will strengthen their enforcement of AD/CVD orders.
This new functionality in ACE will be effective May 2, 2024.
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