CBP Finds AD Evasion by BMF Imports on Xanthan Gum From China
CBP issued an Enforce and Protect Act determination, finding BMF Imports evaded antidumping duties by transshipping xanthan gum from China through India, according to a recent agency notice.
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BMF Imports imported xanthan gum from two Indian companies, Jay Dinesh Chemicals and BizinBiz Technologies, which both claimed to produce the product in India (see 2404080058). BizinBiz confirmed that its products were Chinese origin but provided the commercial invoice and packing list it gave to BMF, both of which stated the country of origin was India. Jay Dinesh failed to meet CBP's deadlines or respond to requests for information throughout the investigation, but the xanthan gum advertised on its website indicates it is supplied by Chinese company Deosen.
Food products company CP Kelco initially filed the EAPA allegation against BMF Imports in December 2023, claiming that the company evaded the antidumping duty order on xanthan gum by importing Chinese-origin xanthan gum through Indian companies. Upon receipt of the allegation, CBP initiated an EAPA investigation in December 2023 and enacted interim measures against BMF Imports.
CBP said it would suspend or continue to suspend the entries covered by this investigation, until instructed to liquidate. Also, for those entries previously extended in accordance with interim measures, CBP said it would rate adjust and change those entries to type 03 and continue suspension until instructed to liquidate the entries.
CBP also said it would continue to evaluate BMF Imports' continuous bonds in accordance with agency policies. BMF Imports didn't comment on the ruling.