Cargo Systems Messaging Service

CSMS # 60781005 - CBP Releases Administrative Protective Order (APO) Process for EAPA Investigations

U.S. Customs and Border Protection (CBP) has announced a process that will allow certain authorized individuals to access business confidential information on the administrative record of Enforce and Protect Act (EAPA) investigations under an Administrative Protective Order (APO).

The APO, once issued, will increase transparency for parties to the investigations in EAPA proceedings. This will enable eligible parties to better answer CBP’s questions and to prepare arguments throughout the course of an investigation. EAPA investigations protect U.S. economic interests by deterring evasion of U.S. anti-dumping and countervailing duties and leveling the playing field for domestic industries injured by such unfair trade practices.

Eligible applicants can apply for an APO in cases in which they are a party to the investigation. Eligible applicants are defined as 1) a U.S.-licensed attorney admitted to practice before the bar of a U.S. state or territory, who represents a party to the investigation, and is not employed as in-house counsel to a party to the investigation; or 2) a non-attorney staff member employed and/or retained by and working under the direction and supervision of a U.S.-licensed attorney who is authorized to receive business confidential information under the APO. Once an APO is issued, all documents and information on the administrative record for the case will be shared with the authorized individual.

Read more information here: https://go.dhs.gov/33V.