EAPA Cons. Investigation Number 7321: InterGlobal Forest, LLC; American Pacific Plywood, Inc.; and U.S. Global Forest Inc. (Notice of Initiation of Investigation and Interim Measures, October 1, 2019)

EAPA Cons. Investigation Number 7321: InterGlobal Forest, LLC; American Pacific Plywood, Inc.; and U.S. Global Forest Inc. (Notice of Initiation of Investigation and Interim Measures, October 1, 2019)

1300 Pennsylvania Avenue NW
Washington, DC 20229
U.S. Customs and
Border Protection
PUBLIC VERSION
October 1, 2019
Matt McNichols John P. Bennett
InterGlobal Forest, Inc. American Pacific Plywood, Inc.
2190 West 11th Avenue, #231 414 First Street
Eugene, OR 97402 Solvang, CA 93463
Timothy Brightbill Jun Zhang
On behalf of the Coalition for U.S. Global Forest, Inc.
Fair Trade of Hardwood Plywood 663 Brea Canyon Road, Suite 8
Wiley Rein LLP Walnut, CA 91789
1776 K Street, NW
Washington, DC 20006
Re: Notice of Initiation of Investigation and Interim Measures – EAPA Cons. Case 7321
To the Counsel and Representatives of the above-referenced Entities:
This letter is to inform you that U.S. Customs and Border Protection (CBP) has commenced a
formal investigation under Title IV, Section 421 of the Trade Facilitation and Trade Enforcement
Act of 2015, commonly referred to as the Enforce and Protect Act (EAPA), for InterGlobal
Forest, LLC (InterGlobal); American Pacific Plywood, Inc. (American Pacific); and U.S. Global
Forest Inc. (U.S. Global) (collectively, the Importers). CBP is investigating whether the
Importers have evaded antidumping duty (AD) order A-570-051 and countervailing duty (CVD)
order C-570-052 on certain hardwood plywood products (plywood) from the People’s Republic
of China (China)
1 when importing plywood into the United States. Because evidence supports a
reasonable suspicion that the Importers entered covered merchandise into the customs territory of
the United States through evasion, CBP has imposed interim measures.2
Period of Investigation
Pursuant to 19 CFR 165.2, entries covered by an EAPA investigation are those “entries of
allegedly covered merchandise made within one year before the receipt of an allegation….”
1 See Certain Hardwood Plywood Products from the People’s Republic of China: Final Determination of Sales at
Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part, 82 FR 53460
(November 16, 2017) (AD Order); see also Countervailing Duty Investigation of Certain Hardwood Plywood
Products from the People’s Republic of China: Final Affirmative Determination, and Final Affirmative Critical
Circumstances Determination, in Part, 82 FR 53473 (November 16, 2017) (CVD Order) (collectively, AD/CVD orders). 2 See 19 USC 1517(e); see also 19 CFR 165.24.
2
Entry is defined as an “entry, or withdrawal from warehouse for consumption, of merchandise in
the customs territory of the United States.”3 CBP acknowledged receipt of the properly filed
allegations against InterGlobal, American Pacific, and U.S. Global on June 5, 2019.
4
These
three investigations are now consolidated as discussed further below, and the entries covered by
the consolidated investigation are those entered for consumption, or withdrawn from warehouse
for consumption, from June 5, 2018, through the pendency of this investigation.
5
Initiation
On June 26, 2019, the Trade Remedy Law Enforcement Directorate (TRLED), within CBP’s
Office of Trade, initiated investigations under EAPA as a result of allegations submitted by the
Coalition for Fair Trade of Hardwood Plywood (the Coalition) on evasion of antidumping and
countervailing duties by InterGlobal, American Pacific, and U.S. Global.
6
In these allegations,
the Coalition asserts that InterGlobal, American Pacific, and U.S. Global evaded the AD/CVD
orders on plywood from China by importing Chinese-origin plywood that was transshipped
through Cambodia.
7
Concerning transshipment of Chinese-origin plywood through Cambodia, the Coalition claims
that recent import and export trends in China, Cambodia, and the United States pertaining to
plywood are consistent with this pattern of transshipment. The Coalition asserts that since the
imposition of the AD/CVD orders, Chinese exports of plywood to the United States decreased
3 See 19 USC 1517(a)(4); see also 19 CFR 165.1. 4 See the June 5, 2019, Receipt Notification Emails to Timothy Brightbill of Wiley Rein LLP for EAPA Allegations
7321 (InterGlobal), 7323 (American Pacific), and 7327 (U.S. Global).
5 See 19 CFR 165.2. 6 See CBP Memorandum, “Initiation of Investigation for EAPA Case Number 7321 – InterGlobal Forest, LLC,”
dated June 26, 2019 (InterGlobal Initiation); see also CBP Memorandum, “Initiation of Investigation for EAPA
Case Number 7323 – American Pacific Plywood, Inc.,” dated June 26, 2019 (American Pacific Initiation); see also
CBP Memorandum, “Initiation of Investigation for EAPA Case Number 7327 – U.S. Global Forest, Inc.,” dated
June 26, 2019 (U.S. Global Initiation). 7 See Letter from the Coalition, “Certain Hardwood Plywood Products from the People’s Republic of China:
Request for an Investigation under the Enforce and Protect Act,” dated April 12, 2019 (InterGlobal Allegation); see
also Letter from the Coalition, “Certain Hardwood Plywood Products from the People’s Republic of China: Request
for an Investigation under the Enforce and Protect Act,” dated May 1, 2019 (Revised InterGlobal Allegation); see
also Letter from the Coalition, “Certain Hardwood Plywood Products from the People’s Republic of China: Request
for an Investigation under the Enforce and Protect Act,” dated April 12, 2019 (American Pacific Allegation); see
also Letter from the Coalition, “Certain Hardwood Plywood Products from the People’s Republic of China: Request
for an Investigation under the Enforce and Protect Act,” dated May 1, 2019 (Revised American Pacific Allegation);
see also Letter from the Coalition, “Certain Hardwood Plywood Products from the People’s Republic of China:
Request for an Investigation under the Enforce and Protect Act,” dated April 15, 2019 (U.S. Global Allegation); see
also Letter from the Coalition, “Certain Hardwood Plywood Products from the People’s Republic of China: Request
for an Investigation under the Enforce and Protect Act,” dated May 1, 2019 (Revised U.S. Global Allegation); see
also Letter from the Coalition, “Certain Hardwood Plywood Products from the People’s Republic of China: Request
for an Investigation under the Enforce and Protect Act,” dated May 10, 2019 (Second Revised U.S. Global
Allegation).
3
from 1,153,065 cubic meters in 2017 to 181,288 cubic meters in 2018.8
The Coalition further
states that a large increase in the volume of Chinese exports of plywood to Cambodia and
Cambodian exports of plywood to the United States occurred in the same period. In support, the
Coalition notes that Chinese exports of plywood to Cambodia surged from 23,332,665 kg
(approximately 35,896 cubic meters) in 2016 to 99,131,394 kg (approximately 152,510 cubic
meters) in 20189 and Cambodian exports of plywood to the United States more than doubled
from 20,452 cubic metersin 2017 to 53,831 cubic meters in 2018.10 The Coalition maintains that
this data suggests Chinese exporters of plywood shifted their exports from the United States to
Cambodia and then transshipped Chinese-origin plywood from Cambodia to the United States.
The Coalition further asserts that Cambodia’s domestic consumption of plywood cannot account
for the recent influx of Chinese-origin plywood into Cambodia. The Coalition notes that
Cambodia consumed only 30,000 cubic meters of plywood in 2016, which is slightly more than
its production of 27,000 cubic meters. Even though Cambodia’s production and consumption
statistics do not indicate that it had surplus production to export, the figures still report that
Cambodia exported 20,000 cubic meters.11 Further, the Coalition notes that even if Cambodia’s
2016 domestic consumption dropped to zero, Cambodia would have to approximately double its
2016 production of 27,000 cubic meters to equal the 53,831 cubic meters of plywood that was
exported to the United States in 2018, which the Coalition maintains is unlikely. Thus, the
Coalition notes that the context of the data suggests a situation in which Chinese-origin plywood
passes through Cambodia by transshipment.
InterGlobal and American Pacific
The Coalition claims that InterGlobal and American Pacific, two unrelated U.S.-based importers
of plywood, each recently began a relationship with a Cambodian exporter of plywood, LB
Wood Cambodia (LB Wood).12 LB Wood is located in Cambodia’s Sihanoukville Special
Economic Zone (SSEZ), near Cambodia’s only deep-water port.13 The Coalition claims that the
SSEZ was purposefully designed to link Chinese and Cambodian trading partners and facilitate
the global dissemination of their products. Likewise, the SSEZ describes itself as an “economic
and trade cooperation zone constructed by Chinese and Cambodian enterprises, which is a
landmark project on {the} ‘Belt and Road’ Initiative.”14 Thus, the Coalition asserts that it is
highly likely that LB Wood has relationships with Chinese plywood producers as well as the
facilities necessary to transship covered merchandise to the United States. The Coalition notes
that LB Wood shipped at least 60 shipments of covered merchandise to InterGlobal in 2018 with
8 See Revised InterGlobal Allegation at Exhibit 4 (USITC Dataweb). 9 Id. at Exhibits 2 (The Forestry Yearbook) and 3 (Chinese Export Statistics). Exhibit 2 provides a ratio in which
one cubic meter of plywood equals about 650 kg. 10 Id. at Exhibit 4 (USITC Dataweb). 11 Id. at Exhibit 2 (The Forestry Yearbook). 12 Id. at 10; see also Revised American Pacific Allegation at 10. 13 See Revised InterGlobal Allegation at Exhibit 6. 14 Id. at Exhibit 8. The Belt and Road Initiative supplies low-cost Chinese government funds for infrastructure
projects outside China that are designed to link foreign back trade to China.
4
a combined weight of 5,000,000 kg (approximately 7,690 cubic meters) for a total value of over
USD $6,000,000 and LB Wood also shipped at least 13 shipments of covered merchandise to
American Pacific in 2018 with a combined weight of 754,400 kg (approximately 1,160 cubic
meters) for a total value of USD $715,171.15 The Coalition further states that according to these
figures it appears that InterGlobal imported almost one-third of Cambodia’s total plywood
production in 2016, which they assert is unlikely for one U.S. importer.16 The Coalition also
asserts that LB Wood’s earliest shipment to American Pacific occurred after the imposition of
the AD/CVD orders, which indicates that their relationship with American Pacific did not
precede the AD/CVD orders.17
The Coalition states that InterGlobal openly sourced its plywood from China before the
imposition of the AD/CVD orders and the beginning of its relationship with LB Wood. They
maintain that since the imposition of the AD/CVD orders, InterGlobal changed its website to
obscure its alleged relationship with Chinese producers of plywood. Nevertheless, the Coalition
maintains that certain aspects of the website indicate that InterGlobal continues to source
plywood from China. For example, InterGlobal currently lists a product category on its website
as “Asian Plywood;” yet, the corresponding “URL of this page is
https://www.interglobalforest.com/chinese-plywood.html, which suggests that InterGlobal was
originally advertising Chinese plywood.”18 The Coalition further notes that until recently this
webpage was entitled “Chinese Plywood” and included a picture of boxes with InterGlobal’s
logo and a “Made in China” stamp.19 In addition, the Coalition maintains that until recently the
file name of this image’s source code was also “Chinese-plywood.jpg.”20 Finally, the Coalition
pointed out a marketing website that is updated weekly in which InterGlobal states, “{w}e
currently import a diversified mix of panels from Belgium, Brazil, China, Indonesia, Russia, and
Turkey.”21 However, Cambodia is not mentioned.
In addition to alleged website irregularities, the Coalition presented documentation indicating
that one of InterGlobal’s Chinese suppliers, , and that .22 The Coalition also points out that InterGlobal and American Pacific are both
under investigation in EAPA case 7252 for transshipping Chinese-origin plywood through
Vietnam.23 The Coalition notes that in EAPA 7252 a Vietnamese exporter/manufacturer is
15 Id. at 10 and Exhibit 2 (The Forestry Yearbook); see also Revised American Pacific Allegation at 10 and Exhibits
3 (The Forestry Yearbook) and 6 (). 16 See Revised InterGlobal Allegation at 11. 17 See Revised American Pacific Allegation at 10 and Exhibit 6. 18 See Revised InterGlobal Allegation at 12 and Exhibit 9. 19 Id. at Exhibit 10. 20 Id. 21 Id. at Exhibit 11. 22 Id. at 12 and Exhibit 12. 23 Id. at Exhibit 13; see also Revised American Pacific Allegation at 11 and Exhibit 10.
5
alleged to have begun operations after the AD/CVD order went into force in order to transship
subject merchandise. The Coalition maintains that InterGlobal’s and American Pacific’s
relationship with their Vietnamese supplier and the evidence pertaining to their alleged
involvement in transshipping through Vietnam indicate that InterGlobal and American Pacific
likely have the knowledge and ability to engage in transshipping through Cambodia as well.
U.S. Global
The Coalition claims that U.S. Global, a U.S.-based importer of plywood, has a nearly exclusive
relationship with a Cambodian exporter of plywood, Cambodia Happy Home Wood Products
Co., Ltd. (Happy Home).24 Happy Home is also located in the SSEZ.25 The Coalition claims
that the SSEZ was purposefully designed to link Chinese and Cambodian trading partners and
facilitate the global dissemination of their products. Likewise, the SSEZ describes itself as an
“economic and trade cooperation zone constructed by Chinese and Cambodian enterprises,
which is a landmark project on {the} ‘Belt and Road’ Initiative.”26 Thus, the Coalition asserts
that it is highly likely that Happy Home has relationships with Chinese plywood producers as
well as the facilities necessary to transship subject merchandise to the United States. The
Coalition notes that Happy Home shipped at least 59 shipments of subject merchandise to U.S.
Global in 2018 with a combined weight of 8,829,460 kg (approximately 13,580 cubic meters)
and a total value of USD $8,370,328.27 The Coalition further notes that these shipments from
Happy Home to U.S. Global account for 50.3 percent of Cambodia’s total production in 2016.28
The Coalition asserts that it is highly unlikely that U.S. Global’s imports would account for so
much of Cambodia’s production and that this suggests that at least some of this amount does not
originate in Cambodia.
Initiation Assessment
TRLED will initiate an investigation if it determines that “{t}he information provided in the
allegation … reasonably suggests that the covered merchandise has been entered for consumption
into the customs territory of the United States through evasion.”29 Evasion is defined as “the
entry of covered merchandise into the customs territory of the United States for
consumption by means of any document or electronically transmitted data or information,
written or oral statement, or act that is material and false, or any omission that is material,
and that results in any cash deposit or other security or any amount of applicable
antidumping or countervailing duties being reduced or not being applied with respect to the
covered merchandise.”30 Thus, the allegation must reasonably suggest not only that
merchandise subject to an AD and/or CVD order was entered into the United States by the
24 Id. at 10 and Exhibit 4 (). 25 Id. at 10-12 and Exhibits 8 and 9. 26 Id. at Exhibit 9. 27 Id. at 11 and Exhibits 4 () and 5 (The Forestry Yearbook). 28 Id. at 11. 29 See 19 CFR 165.15(b); see also 19 USC 1517(b)(1). 30 See 19 CFR 165.1; see also 19 USC 1517(a)(5)(A).
6
importer alleged to be evading, but that such entry was made by a material false statement or
act, or material omission, that resulted in the reduction or avoidance of applicable AD
and/or CVD cash deposits or other security.
All three allegations claim that Chinese exports of plywood to the United States decreased while
its exports of plywood to Cambodia and Cambodia’s exports of plywood to the United States
concurrently increased. Because Cambodia has very limited domestic production and
consumption of plywood, it seems unlikely that the recent increase in Chinese-origin plywood
exports to Cambodia is driven chiefly by Cambodia’s consumption or production needs. In
addition, the available data from 2016 indicates that Cambodia’s production of plywood at
27,000 cubic meters was slightly less than its consumption at 30,000 cubic meters. It would be
expected that the amount of plywood Cambodia exported, which was 20,000 cubic meters in
2016, would be reflected in a corresponding surplus of production above the amount consumed.
Therefore, these trends reasonably suggest that some Chinese exports of plywood pass through
Cambodia by transshipment to the United States.
The Importers’ trading partners LB Wood and Happy Home are both located in the SSEZ. The
SSEZ’s intent, to closely partner Chinese and Cambodian companies, indicates potential Chinese
sources for LB Wood’s and Happy Home’s plywood supplies.
31 The volume of U.S. Global’s
imports as a proportion of Cambodia’s domestic plywood production, i.e. about 50 percent,
along with its supplier Happy Home’s potential connections to Chinese plywood suppliers
contribute to a reasonable suspicion of transshipment. In addition, the timing of InterGlobal’s
and American Pacific’s alleged shift from Chinese suppliers of plywood to a Cambodian
exporter of plywood, LB Wood, with potential connections to Chinese plywood suppliers, also
contributes to a reasonable suspicion of transshipment.32
Regarding InterGlobal, changes to its website suggest that its “Chinese Plywood” has been
renamed “Asian Plywood.” Likewise, the website marketing InterGlobal’s products describes
InterGlobal sourcing its products from China and various other countries but does not mention
Cambodia. These irregularities on InterGlobal’s website reasonably suggest evasion. Moreover,
InterGlobal and American Pacific have been under investigation for transshipping plywood
through Vietnam. It is conceivable that an importer experienced in transshipping Chinese-origin
plywood through Vietnam would be able to use the knowledge and business connections gained
from that experience to transship Chinese-origin plywood through Vietnam’s southwestern
neighbor Cambodia as well.
In assessing the claims made and evidence provided in the allegations, TRLED found that the
allegations reasonably suggest that the Importers are evading AD/CVD orders by importing
Chinese-origin plywood into the United States via Cambodia and failing to declare the merchandise
31 Id. 32 See Revised InterGlobal Allegation at 10 and Exhibit 5; see also Revised American Pacific Allegation at 10 and
Exhibit 6. American Pacific’s imports from LB Wood appear to begin only after the imposition of the AD/CVD orders.
7
as subject to the AD/CVD orders.
33 Consequently, TRLED initiated the investigations pursuant
to 19 USC 1517(b)(1) and 19 CFR 165.15.
Interim Measures
Not later than 90 calendar days after initiating an investigation under EAPA, TRLED will decide
based upon the record of the investigation if there is reasonable suspicion that merchandise
covered by the AD/CVD orders was entered into the United States through evasion. Therefore,
CBP need only have sufficient evidence to support a reasonable suspicion that merchandise
covered by an AD or CVD order was entered into the United States by the importer alleged to be
evading by a material false statement or act, or material omission, that resulted in the reduction
or avoidance of applicable AD or CVD cash deposits or other security. If reasonable suspicion
exists, CBP will impose interim measures pursuant to 19 USC 1517(e) and 19 CFR 165.24. As
explained below, CBP is imposing interim measures because there is a reasonable suspicion that
InterGlobal, American Pacific, and U.S. Global entered covered merchandise into the United
States through evasion by means of transshipment through Cambodia.
34
CF-28 Responses
On August 9, 2019, and September 20, 2019, as part of the EAPA investigation process, CBP
issued CF-28 questionnaires to the Importers’ concerning certain entries.
35 U.S. Global and
InterGlobal submitted their responses on September 10 and 16, 2019, respectively.36 CBP has
not yet received American Pacific’s response to the CF-28 because the deadline for their
response is after the issuance date of this notice.
In its CF-28 response, InterGlobal provided the requested documentation pertaining to the entries
under question. This documentation indicates that LB Wood exported plywood from the
SSEZ to InterGlobal, which aligns with the allegation and photographic evidence from the June
6, 2018 site visit (see subsection below).37 In its CF-28 response, U.S. Global provided most of
the requested information pertaining to the entries under question. However, U.S. Global did not
provide the requested descriptive literature, such as a sales flyer, brochure, catalog, specification
sheet, etc., in response to CBP’s request, nor did U.S. Global address its failure to do so.38 Also,
U.S. Global stated that it did not request from Happy Home for the entries
referenced in the CF-28.39 The documentation that U.S. Global provided in its response
33 See InterGlobal Initiation; see also American Pacific Initiation; see also U.S. Global Initiation. 34 See 19 CFR 165.24(a). 35 See CBP Form 28 (CF-28) sent to InterGlobal, dated August 9, 2019; see also CF-28 sent to U.S. Global, dated
August 9, 2019; see also CF-28 sent to American Pacific, dated September 20, 2019. 36 See U.S. Global Response to CF-28, dated September 10, 2019; see also InterGlobal Response to CF-28, dated
September 16, 2019.
37 See InterGlobal Response to CF-28 at Exhibits A-1 to A-6 and B-1 to B-6; see also Revised InterGlobal
Allegation at 10 and Exhibit 5. 38 Id. 39 See U.S. Global Response to CF-28 at 2.
8
indicates that Happy Home exported plywood from the SSEZ to U.S. Global,
which aligns with the allegation and photographic evidence from the June 6, 2018, site visit.40
Other Record Evidence
On September 12, 13, and 16, 2019, CBP added documents concerning LB Wood and Happy
Home to the administrative record.41 The September 12 Memorandum pertains to site visits that
CBP personnel conducted at LB Wood’s and Happy Home’s facilities in Cambodia on June 6,
2018. The September 13 and September 16 Memoranda pertain to relevant documentation
concerning LB Wood and Happy Home that was submitted by importers that are not under an
EAPA investigation.
In particular, CBP placed photographs on the record from June 2018 site visits with
accompanying descriptions from a CBP official that participated in the site visits. CBP
conducted these site visits on various Cambodian plywood producers with reference to
preferential tariff treatment under the Generalized System of Preferences, in a proceeding
unrelated to the EAPA investigation. These photographs show pallets of at Happy Home’s facility that are typical Chinese products and of Chinese .42
are temperate woods that could not have been harvested in Cambodia’s
tropical climate.
43 Moreover, even if logs were imported into Cambodia from
China, the factories in Cambodia lack the sophistication to produce the of plywood
observed at Happy Home’s and LB Wood’s facilities in Cambodia.
44
In an affidavit, the of Happy Home states that Happy Home “.”45 The CF-29 also notes that “.”46 The photographs from LB Wood’s facility also portray a similar set of
circumstances. They show a plywood; however, it was broken up
into multiple pieces and covered in a thick layer of dust.47 There were also multiple pallets of
plywood of a that is not typical of Cambodian plywood production; thus,
indicating these pallets of plywood were not produced in Cambodia.48 The evidence on the
40 Id. at 2 and Attachments 1-3; see also Second Revised U.S. Global Allegation at 10 and Exhibit 4. 41 See CBP Memorandum, “Adding Certain Documents to the Administrative Record,” dated September 12, 2019
(September 12 Memorandum); see also CBP Memorandum, “Adding Certain Documents to the Administrative
Record,” dated September 13, 2019 (September 13 Memorandum); see also CBP Memorandum, “Adding Certain
Documents to the Administrative Record,” dated September 16, 2019 (September 16 Memorandum). 42 See September 12 Memorandum at 3, 11-12. 43 Id. at 2. 44 Id. at 2-3, 14. This information comes from an email sent by a CBP . 45 See September 16 Memorandum at 36. Specifically, this comes from an affidavit submitted to CBP on in response to a CF-29. 46 Id. at 25, 43. This quote is contained within the body of the CF-29s that CBP issued. 47 See September 12 Memorandum at 14-18. 48 Id. at 14, 20-21.
9
record supports a reasonable suspicion that the plywood may have originated in
China and that the “” label on Happy Home’s and LB Wood’s products is
not accurate.49
Enactment of Interim Measures
Based on the information described above, TRLED determined that reasonable suspicion exists
that the plywood that the Importers imported into the United States from Cambodia, was in fact
manufactured in China. The information described above, creates the reasonable suspicion for
CBP to conclude that the plywood imported by each importer into the United States was
produced in China and should have been subject to AD/CVD duties.
As part of interim measures, unliquidated entries of plywood subject to this investigation will be
rate-adjusted to reflect that they are subject to the AD/CVD orders on plywood from China and
cash deposits will be owed. CBP will also suspend the liquidation for any entry that has entered
on or after June 26, 2019, the date of initiation for the investigations incorporated into this
consolidated investigation (see below), as well as extend the period for liquidation for all
unliquidated entries that entered before that date.
50 Additionally, “live entry” is required for all
future imports for InterGlobal, American Pacific, and U.S. Global, meaning that all entry
documents and cash deposits must be provided before cargo is released by CBP into the U.S.
commerce. CBP will reject any entry summaries that do not comply with live entry, and require
refiling of entries that are within the entry summary rejection period. CBP will also evaluate the
continuous bonds for InterGlobal, American Pacific, and U.S. Global to determine their
sufficiency, among other measures, as needed. Finally, CBP may pursue additional enforcement
actions, as provided by law, consistent with 19 USC 1517(h).
Consolidation of the Investigations
TRLED is consolidating the three investigations on InterGlobal, American Pacific, and U.S.
Global into a single investigation covering all three importers. The new consolidated case
number will be EAPA Consolidated Case 7321, and a single administrative record will be
maintained. At its discretion, CBP may consolidate multiple allegations against one or more
importers into a single investigation, pursuant to 19 CFR 165.13(b), which stipulates that the
factors that CBP may consider in consolidating multiple allegations include, but are not limited
to, whether the multiple allegations involve: 1) relationships between the importers; 2) similarity
of covered merchandise; 3) similarity of AD/CVD orders; and 4) overlap in time periods of
entries of covered merchandise. In these investigations, all three importers are alleged to have
entered suspected Chinese-origin plywood from Cambodia that are covered by the same
AD/CVD orders. The Importers’ entries also fall within a common period of investigation.
Moreover, two of the Importers have a common Cambodian supplier. Because factors
warranting consolidation are present in these investigations, CBP is consolidating them and
49 Id. at 6-10, 20. 50 See 19 CFR 165.24(b)(1)(i) and (ii).
10
providing this notice pursuant to 19 CFR 165.13(c). We note that the deadlines for the
consolidated investigation will be set from the date of initiation of all of the allegations, which is
June 26, 2019.
51
For any future submissions or factual information that you submit to CBP pursuant to this
consolidated EAPA investigation, please provide a public version to CBP, as well as to the email
addresses of the parties identified at the top of this notice.52 Should you have any questions
regarding this investigation, you may contact us at eapallegations@cbp.dhs.gov with “EAPA
Cons. Case 7321” in the subject line of your email. Additional information on this investigation,
including the applicable statute and regulations, may be found on CBP’s website at:
https://www.cbp.gov/trade/tradeenforcement/tftea/enforce-and-protect-act-eapa.
Sincerely,
Regina Walton
Regina Walton
Acting Director, Enforcement Operations Division
Trade Remedy & Law Enforcement Directorate
CBP Office of Trade
51 See 19 CFR 165.13(a); see also 19 USC 1517(b)(5)(B). 52 See 19 CFR 165.4; see also 19 CFR 165.23(c); see also 19 CFR 165.26.

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