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April 2025, question 78

Valuation, Appraisement and Duty Assessment · Antidumping and countervailing duties

Based upon a request from the U.S. Department of Agriculture (USDA), a Federal agency, CBP is investigating Valley Garlic (an importer of garlic) for the evasion of antidumping duties under the Enforce and Protect Act of 2015 (EAPA). Another importer of garlic, The Garlic Stand, is following the case because they belong to the same trade association as Valley Garlic. According to CBP regulations, what below entity is included in the “parties to the investigation” for this case?

  1. Valley Garlic
  2. The U.S. Department of Agriculture
  3. The Garlic Stand
  4. The trade association to which Valley Garlic and the Garlic Stand belong
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CBP's answer: A. A: Valley Garlic

Section 165.1 defines the parties as the interested party who filed the allegation and the importer who allegedly engaged in evasion. For an investigation begun on a Federal agency's request, only the importer counts, not the agency. Valley Garlic is the importer, so A; USDA, The Garlic Stand and the trade association are not parties.

In the case of investigations initiated based upon a request from a Federal agency, parties to the investigation only refers to the importer or importers who allegedly engaged in evasion, and not the Federal agency. 19 CFR 165.1

Search for: parties to the investigation

CBP's key cites: 19 CFR 165.1

Question and key from CBP's April 2025 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).