Frequently asked questions about

CF28/CF29
Q: What is CF28?

A: CF28 is a notification from U.S. Customs and Border Protection (CBP), requesting the importer to provide additional information or documentation regarding imported goods. Typically, a CF28 is issued when U.S. Customs suspects the accuracy of the declared information or wants to verify the value, origin, or classification of the goods.

Q: What is CF29?

A: CF29 is a notification issued by U.S. Customs and Border Protection to the importer, requesting a response regarding issues related to the value or classification of goods after an inspection. When discrepancies arise between the declared information and the actual details, Customs may request additional documentation or require amendments to the declaration.

Q: When were CF28 and CF29 released?

A: CF28 is typically issued during the inspection of shipments when Customs suspects the accuracy of the declared information. CF29, on the other hand, usually appears after an investigation has been conducted and discrepancies regarding the value or classification of the goods have been identified.

Q: What happens if I don't respond to CF28 or CF29?

A: If you fail to respond to a CF28 or CF29 within the specified timeframe, you may face consequences such as fines, suspension of goods, or even seizure of the goods. Failure to provide the requested information could result in U.S. Customs denying clearance for the shipment.

Q: What information do I need to provide when I receive a CF28 or CF29?

A: Depending on the requirements outlined in the CF28 or CF29, you may need to provide information or documents related to the value of the goods, product classification, country of origin, and supporting documents such as invoices, sales contracts, certificates of origin (COO), or other materials to verify the accuracy of the customs declaration.

Q: How long does it take to respond to CF28/CF29?

A: Typically, you have between 30 to 45 days to respond to a CF28 or CF29. However, the specific timeframe may vary depending on the case. Failure to respond within the deadline could result in the goods being held or denied clearance.

Q: Can I appeal when Customs requests a CF28 or CF29?

A: You may appeal or request a review of the U.S. Customs decision if you disagree with the requirements or conclusions outlined in the CF28 or CF29. However, the appeal must be conducted in accordance with the legal procedures and within the specified timeframe.

Q: Do CF28 and CF29 affect previous shipments?

A: CF28 and CF29 typically pertain only to specific shipments under inspection by Customs. However, if issues related to product classification or valuation are identified, they may impact similar shipments in the future.

Q: If I get CF28 or CF29, what should I do?

A: Upon receiving a CF28 or CF29, you should carefully review the requirements and notifications from Customs. If you are unsure how to respond or need assistance in preparing the required documents, it may be advisable to consult with a customs attorney or an expert in the field of import compliance.

Q: Can the CF28 or CF29 response time be extended?

A: In some cases, you may request an extension of the response time. However, this requires approval from U.S. Customs and Border Protection and is typically granted only if there is a valid reason.

Q: Can CF28 and CF29 lead to customs investigation?

A: If the information you provide is deemed unsatisfactory or Customs suspects fraud or non-compliance, it may lead to a deeper investigation. This could include the examination of other shipments or the imposition of additional duties and fees.

Q: Where can I find the CF28 or CF29 model?

A: The CF28 and CF29 forms are available on the U.S. Customs and Border Protection (CBP) website. You can also request these forms directly from CBP or through your customs service provider if needed.

Q: Are CF28 and CF29 relevant to determining import duties?

A: Yes. One of the purposes of requesting information in a CF28 or CF29 is to verify the value of the goods, ensuring that import duties and other fees are accurately determined. If discrepancies in the declared value are identified, this may result in adjustments to the duties or fees owed.

Anti-Circumvention and UFLPA
Q: What specific impact will Anti-Circumvention and UFLPA have on my company? Can I still continue to do business?

A: Anti-Circumvention and UFLPA impact your supply chain by ensuring that you are not circumventing tariffs or using materials that involve forced labor. If your supply chain complies with these regulations, your business can continue to operate smoothly. The key is maintaining transparency and working with compliant suppliers.

Q: If I don’t fully understand the complex requirements of Anti-Circumvention and UFLPA, will it result in my products being seized by US Customs or subjected to high tariffs?

A: Not fully understanding these requirements may increase compliance risks and raise the likelihood of being investigated. However, taking steps to conduct self-assessments, maintain complete documentation, and work with compliant suppliers can greatly reduce these risks.

If my suppliers are located in China, even though we export through Vietnam, will it still be considered “circumvention”?

A: If your products include raw materials or components from China, and there is an indication of bypassing tariffs through third countries, they may be scrutinized. Ensuring transparency in material sourcing and maintaining clear supply chain records are effective ways to avoid this issue.

Q: How do I know if my supply chain has been affected by Anti-Circumvention or UFLPA? Where can I get information about my products?

A: US Customs and relevant authorities regularly conduct investigations. If your products or supply chain are impacted, you will likely receive relevant notifications. Regular checks, clear communication with suppliers, and maintaining accurate records can help you quickly identify potential issues.

Q: How do Anti-Circumvention and UFLPA compliance affect my profits? If my products do not comply, can I bear these costs?

A: Compliance may increase some initial costs, such as auditing and certification, but in the long run, ensuring compliance can reduce legal risks, avoid tariff increases, and enhance your market reputation. By complying early, you can also avoid potential penalties and protect business profits.

Q: If my suppliers fail to provide Anti-Circumvention or UFLPA compliance certificates, what should I do?

A: If your suppliers cannot provide compliance certificates, you should request the necessary documentation. If they cannot provide it, you may need to consider changing suppliers or verifying their compliance through third-party audits.

Q: How does US Customs inspect and enforce UFLPA and Anti-Circumvention measures? How can I prepare to avoid being investigated?

A: US Customs inspects product origin, production process, and documentation. To avoid investigations, ensure your supply chain is transparent, all procurement and production processes are well-documented, and that you request compliance certificates from your suppliers.

Q: If my company accidentally violates UFLPA or Anti-Circumvention rules, what are the consequences? How should I respond?

A: Violating UFLPA or Anti-Circumvention regulations can lead to penalties, seizure of products, or market entry bans. If this happens, you need to quickly communicate with the relevant authorities and take corrective actions, such as providing compliance documentation or changing suppliers.

Q: How can I prove that my supply chain is compliant with UFLPA and Anti-Circumvention requirements?

A: You should collect and maintain relevant compliance documents, such as supplier compliance certificates, production process records, and audit reports. Regularly review and update these documents to ensure your supply chain remains compliant.

Q: Will US supply chain controls over China affect my trade as a Vietnamese exporter? How should I prepare?

A: US supply chain controls over China may indirectly affect Vietnam's exports, especially those involving Chinese materials. You can mitigate this by improving supply chain transparency, ensuring material and supplier legitimacy, and considering diversifying material sources to reduce compliance risks.

Anti-Dumping
Q: What is dumping?

A: Dumping refers to the practice of selling goods in a country at a price lower than their fair value or the price at which they are sold in the export market (or when the export price is lower than the domestic market price in the producer's country). This practice is considered unfair and can harm domestic industries in the importing country.

Q: What is anti-dumping?

A: Anti-dumping refers to measures taken by countries to protect domestic industries from imported products sold at dumped prices. These measures may include imposing anti-dumping duties on imported goods priced below their fair value, aiming to ensure fair competition in the market.

Q: How to determine whether a product is being dumped?

A: To determine whether a product is being dumped, authorities compare the export price of the product with its fair value. Fair value can be calculated based on the domestic market price of the product in the exporting country or by adding production costs and a reasonable profit margin. If the export price is lower than the fair value, the product may be considered dumped.

Q: Who has the right to request an anti-dumping investigation?

A: Competent state agencies, such as the Ministry of Industry and Trade (in Vietnam) or the International Trade Administration (in the US), have the right to request an anti-dumping investigation. In addition, domestic producers or industry organizations can file an investigation request if they feel they have been harmed by dumping.

Q: What products can be subject to dumping investigations?

A: Most imported products can be subject to anti-dumping investigations, including industrial goods, agricultural products, and processed foods. However, investigations typically require sufficient evidence of harm to the domestic industry before proceeding.

Q: How is anti-dumping duty calculated?

A: Anti-dumping duties are calculated based on the difference between the export price and the fair value of the product. Investigative authorities determine the duty rate to align the export price with the fair value, ensuring that the product does not harm the domestic industry. The duty rate may vary depending on the specific case and the importing country's regulations.

Q: Can anti-dumping duties apply to all countries?

A: Anti-dumping duties can be applied to any country engaging in dumping practices. However, the investigation process depends on the specific country and the requirements of its regulatory authorities. Each country has its own rules and procedures for conducting investigations and imposing anti- dumping duties.

Q: How can anti-dumping duties be adjusted?

A: Anti-dumping duties can be adjusted through periodic reviews or upon request by interested parties. If there are changes in export values or market conditions, the investigating authority may reassess and revise the duty rates accordingly.

Q: How can businesses avoid anti-dumping taxes?

A: Businesses can avoid anti-dumping duties by:

  • Ensuring export prices are not lower than fair value.
  • Enhancing transparency in trade contracts, export documentation, and production costs.
  • Providing complete and accurate information during anti-dumping investigations.
  • Developing reasonable pricing strategies to remain competitive without violating anti-dumping regulations.
Q: Can other measures besides anti-dumping duties be applied?

A: In addition to anti-dumping duties, other measures may be applied, such as import restrictions, origin certification requirements, or product control measures. These actions can be implemented depending on the nature of the dumping practice and the extent of harm caused to the domestic industry.

Q: Can anti-dumping duties be appealed?

A: Yes, businesses can appeal anti-dumping duty decisions if they disagree with the investigating authority's conclusions. The appeal process depends on the regulations of the country imposing the duties and may require submitting additional evidence or clarifying relevant issues.

Q: How to prepare when there is a risk of being investigated for dumping?

A: Businesses can prepare by:

  • Reassessing pricing strategies and production costs.
  • Ensuring transparency and accuracy in financial reports and supplier contracts.
  • Building a robust case to demonstrate that their products are not being dumped and do not harm the domestic industry.
  • Consulting with international trade experts to fully understand the processes and requirements involved.
Q: What happens if a product is determined to be dumped?

A: If a product is determined to be dumped, the importing country may impose anti-dumping duties to offset the harm caused to its domestic industry. This increases the price of the imported product and can reduce competition from dumped products. If the duties are insufficient to protect the domestic industry, additional measures may be implemented.

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