11.07.2025

US Customs finds against Sinoboom

The U.S. Customs and Border Protection Agency has issued its determination in relation to a complaint and investigation into possible duty evasion by Sinoboom North America, under the Enforce and Protect Act.

The investigation launched last October, was triggered by a complaint from the Coalition of American Manufacturers of Mobile Access Equipment - largely JLG and Genie. It claimed that Sinoboom was evading the antidumping duty order A-570-139 and countervailing duty order C-570-140 on the import on some self-propelled aerial work platforms imported from Poland.

The latest statement from the agency says that it found there was substantial evidence that Sinoboom North America did import products into the United States through evasion. Specifically, products made in Poland that incorporated numerous Chinese origin subassemblies and components, without “appropriately disclosing” China as the country of origin. As a result, applicable duties were not collected for them. The period of investigation runs from June 26th 2023 to now.

In light of its decision the agency says it will suspend the “liquidation”/sale of all products imported by Sinoboom that are subject to this investigation, until it issues instructions to the contrary. It will also review the continuous bonds posted by Sinoboom and may require additional single transaction bonds if it feels they are appropriate or required.

It adds: “This determination does not preclude CBP from taking additional enforcement measures under its legal authorities if other customs concerns are identified, which include pursuing civil penalties or investigations into criminal violations.”

To read the bulletin for your self go online to
www.cbp.gov/document/publications/eapa-case-7907-sinoboom-north-america-llc-notice-determination-evasion-june

Vertikal Comment

When we visited the Sinoboom plant in Poland last year there was no apparent evidence of significant Chinese content going into the products being assembled there for the USA. However, the visit, while only a month or two before the claim was made, came more than a year after the start of this investigation period. And it is perfectly normal for a new facility to start up by assembling products from the parent plant while it sets up a local or rather non Chinese supply chain.

So, it is entirely possible that the company did have a higher Chinese content during the first year of the period under investigation. Whether this caused an inadvertent evasion of duties or an accidental one, only Sinoboom North America’s managers will know.

If unintentional they are not alone. For example, a couple of years back several crane manufacturers were found guilty of avoiding EPA engine emission rules. See: Manitowoc in EPA discussions and Environmental penalty for Tadano we understand that it was down to a misunderstanding of the rules, rather than an attempt to defraud. Even looking at the statement from the U.S. Customs and Border Protection Agency that led to this article, the arcane wording is confusing, so it is easy to understand how errors might occur.

With the current constantly changing tariff arrangements it is hard to understand where we are with imports of aerial lifts and components into the USA, let alone the components and speciality steels that are going into American built products. How customs officers keep abreast of the daily changes is anybody’s guess!

One thing we do know is that tariffs will oblige manufacturers to increase prices to cover the extra cost of the global supply chains, and rental companies will ultimately need to pass that on in higher rental rates, while contractors who use the products will pick up the bill. If they pass such costs on it will make the building of new facilities more expensive… and on and on we go.

As always, beware of unintended consequences.