Regulations that U.S. Customs and Border Protection created to implement the Enforce and Protect Act, or EAPA, which empowered the agency to investigate domestic businesses’ allegations of tariff evasion, have barred importers from seeing the full, unredacted allegations against them. To see that evidence, importers must file a lawsuit — which is only possible after CBP has already decided the case and completed an internal appeals process.

International Trade Partner Mary Hodgins has represented importers in EAPA probes since the regulations took effect and spoke with Law360 about the difficulties this presents to importers.

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