As part of an investigation, CBP has decided that there is reasonable suspicion that an importer entered covered merchandise into the U.S. through evasion of anti-dumping duties under the Enforce and Protect Act of 2015 (EAPA). The entries are unliquidated. What interim measure must CBP take with respect to the entries?
How to get there
19 CFR 165.24(b)(1): Interim measuresFor entries that remain unliquidated, CBP will:
(i) Suspend the liquidation of each unliquidated entry of such covered merchandise that entered on or after the date of the initiation of the investigation under § 165.15;
(ii) Extend the period for liquidating each unliquidated entry … that entered before the date of the initiation …;
(iii) Take such additional measures as CBP determines necessary to protect the revenue … including requiring a single transaction bond or additional security or the posting of a cash deposit …
(i) Suspend the liquidation of each unliquidated entry of such covered merchandise that entered on or after the date of the initiation of the investigation under § 165.15;
(ii) Extend the period for liquidating each unliquidated entry … that entered before the date of the initiation …;
(iii) Take such additional measures as CBP determines necessary to protect the revenue … including requiring a single transaction bond or additional security or the posting of a cash deposit …
D quotes (i) exactly.
Why the other choices are wrong
C) Extend liquidation for entries made after initiation: this swaps the two rules. Extension is for entries made before initiation. Entries made on or after initiation are suspended.
B) Post the public administrative record within 15 business days of notifying Commerce: § 165.24(c) has CBP give the parties a public version of the record within 10 business days of issuing the notice of initiation. Wrong number, wrong trigger, and it isn't an interim measure on the entries.
A) Oral discussions within 200 days: not an interim measure in § 165.24.
Trap!
The timeline is on or after initiation → suspend, before initiation → extend, plus extra security if needed. CBP notifies the parties of interim measures within 5 business days after taking them (§ 165.24(c)). See also Q7 (90 days, reasonable suspicion).
Source: 19 CFR 165.24(b)–(c) (eCFR).
CBP answer key: Answer D · 19 CFR 165.24(b)(1)(i)-(iii); 19 CFR 165.24(c)Source: CBP past exams ↗