G/ADP/N/1/USA/1/Suppl.23  
G/SCM/N/1/USA/1/Suppl.23  
 
1 April 2016  
(16-1821)  Page: 1/14  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS  UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
UNITED STATES 
Supplement 
The following communication, dated 25 March 2016, is being circulated at the request of the 
Delegation of the United States.  
_______________ 
 
 Pursuant to Article 32.6 of the Agreement on Subsidies and Countervailing Measures and 
Article 18.5 of the Agreement on Implementation of  Article VI of the General Agreement on Tariffs 
and Trade 1994, the United States hereby notifies   
Pub. L. No. 114-125, which amends the Tariff Act of 1930 regarding the application of the U.S. 
antidumping and countervailing duty law to dumped and subsidized imports.  
[From the U.S. Government Publishing Office] 
 
One Hundred Fourteenth Congress 
of the 
United States of America 
 
AT THE SECOND SESSION 
 
Begun and held at the City of Washington on Monday, 
the fourth day of January, two thousand and sixteen 
 
 
An Act 
 
* * * 
 
TITLE IV—PREVENTION OF EVAS ION OF ANTIDUMPING AND  
COUNTERVAILING DUTY ORDERS 
 SEC. 401. SHORT TITLE.  
This title may be cited as the "Enforce and Protect Act of 2015". 
SEC. 402. DEFINITIONS.   
In this title: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term "appropriate congressional 
committees" means—  G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  (A) the Committee on Finance and the Committee on Appropriations of the Senate; 
and 
(B) the Committee on Ways and Means and the Committee on Appropriations of the 
House of Representatives. 
(2) COVERED MERCHANDISE.—The term "covered  merchandise" means merchandise that is 
subject to—  
(A) a countervailing duty order issued under section 706 of the Tariff Act of 1930 
(19 U.S.C. 1671e); or 
(B) an antidumping duty order issued under section 736 of the Tariff Act of 1930 
(19 U.S.C. 1673e). 
(3) ELIGIBLE SMALL BUSINESS.—  
(A) IN GENERAL.—The term "eligible sm all business" means any business concern 
that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in 
preparing and submitting for consideration allegations of evasion. 
(B) NONREVIEWABILITY.—Any agency decisi on regarding whether a business concern 
is an eligible small business for purposes of section 411(b)(4)(E) is not reviewable by 
any other agency or by any court. 
(4) ENTER; ENTRY.—The terms "enter" and "entry " refer to the entry, or withdrawal from 
warehouse for consumption, of merchandise in the customs territory of the United States. 
(5) EVADE; EVASION.—The te rms "evade" and "evasion" refer to entering covered 
merchandise into the customs territory of the United States 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 merchandise. 
(6) SECRETARY.—The term "Secretary" means the Secretary of the Treasury. 
(7) TRADE REMEDY LAWS.—The term "trade reme dy laws" means title VII of the Tariff Act 
of 1930 (19 U.S.C. 1671 et seq.). 
SEC. 403. APPLICATION TO CANADA AND MEXICO.  
Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North 
American Free Trade Agreement Implementation  Act (19 U.S.C. 3438), this title and the 
amendments made by this title shall apply wi th respect to goods from Canada and Mexico. 
Subtitle A – Actions Relating to Enforcement of Trade Remedy Laws 
SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION.   
(a) E
STABLISHMENT .—  
(1) IN GENERAL.—The Secretary of Homeland Security shall establish and maintain within 
the Office of Trade established under section 4 of the Act of March 3, 1927 (44 Stat. 1381, 
chapter 348; 19 U.S.C. 2071 et seq.), as added by section 802(h) of this Act, a Trade Remedy Law Enforcement Division. 
(2) COMPOSITION.—The Trade Remedy Law Enfo rcement Division shall be composed of—  G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  (A) headquarters personnel led by a Director, who shall report to the Executive 
Assistant Commissioner of the Office of Trade; and 
(B) a National Targeting and Analysis  Group dedicated to preventing and 
countering evasion. 
(3) DUTIES.—The Trade Remedy Law Enforcement Division shall be dedicated—  
(A) to the development and administration of  policies to prevent and counter evasion, 
including policies relating to the implementation of section 517 of the Tariff Act of 
1930, as added by section 421 of this Act; 
(B) to direct enforcement and compliance a ssessment activities concerning evasion; 
(C) to the development and conduct of co mmercial risk assessment targeting with 
respect to cargo destined for the United States in accordance with subsection (c); 
(D) to issuing Trade Alerts described in subsection (d); and 
(E) to the development of policies for the application of single entry and continuous 
bonds for entries of covered merchandise to sufficiently protect the collection of 
antidumping and countervailing duties co mmensurate with the level of risk of 
noncollection. 
(b) D UTIES OF DIRECTOR .—The duties of the Director of the Trade Remedy Law Enforcement Division 
shall include—  
(1) directing the trade enforcement and complia nce assessment activities of U.S. Customs 
and Border Protection that concern evasion; 
(2) facilitating, promoting, and coordinating cooperation and the exchange of information 
between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, 
and other relevant Federal agencies regarding evasion; 
(3) notifying on a timely basis the administering authority (as defined in section 771(1) of 
the Tariff Act of 1930 (19 U.S.C. 1677(1))) and the Commission (as defined in 
section 771(2) of the Tariff Act of 1930 (19 U.S. C. 1677(2))) of any finding, determination, 
civil action, or criminal action taken by U.S. Customs and Border Protection or other Federal 
agency regarding evasion; 
(4) serving as the primary liaison between U. S. Customs and Border Protection and the 
public regarding activities concerning evasion, including activities relating to investigations conducted under section 517 of the Tariff Act of 1930, as added by section 421 of this Act, 
which include—  
(A) receiving allegations of evasion from parties, including allegations described in 
section 517(b)(2) of the Tariff Act of 1930, as so added; 
(B) upon request by the party or parties that  submitted such an allegation of evasion, 
providing information to such party or parties on the status of U.S. Customs and Border Protection's consideration of the allegation and decision to pursue or not 
pursue any administrative inquiries or other actions, such as changes in policies, 
procedures, or resource allocation as a result of the allegation; 
(C) as needed, requesting from the party or parties that submitted such an allegation 
of evasion any additional information that may be relevant for U.S. Customs and 
Border Protection determining whether to initiate an administrative inquiry or take any 
other action regarding the allegation; 
(D) notifying on a timely basis the party or parties that submitted such an allegation 
of the results of any administrative, civil, or criminal actions taken by U.S. Customs G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  and Border Protection or other Federal agency regarding evasion as a direct or indirect 
result of the allegation; 
(E) upon request, providing technical assistance and advice to eligible small 
businesses to enable such businesses to pr epare and submit such an allegation of 
evasion, except that the Director may deny technical assistance if the Director 
concludes that the allegation, if submitted, would not lead to the initiation of an administrative inquiry or any other action to address the allegation; 
(F) in cooperation with the public, the Commercial Customs Operations Advisory 
Committee established under section 109, the Trade Support Network, and any other relevant parties and organizations, developi ng guidelines on the types and nature of 
information that may be provided in such an allegation of evasion; and 
(G) consulting regularly with the public, the Commercial Customs Operations Advisory 
Committee, the Trade Support Network, and any other relevant parties and organizations regarding the development and implementation of regulations, 
interpretations, and policies related to countering evasion. 
(c) P
REVENTING AND COUNTERING EVASION OF THE TRADE REMEDY LAWS .—In carrying out its duties with 
respect to preventing and countering evasion, the National Targeting and Analysis Group dedicated 
to preventing and countering evasion shall—  
(1) establish targeted risk assessment methodologies and standards—  
(A) for evaluating the risk that cargo destined for the United States may constitute 
evading covered merchandise; and 
(B) for issuing, as appropriate, Trade Alerts described in subsection (d); and 
(2) to the extent practicable and otherwise authorized by law, use information available 
from the Automated Commercial System, the Automated Commercial Environment, the 
Automated Targeting System, the Automated Ex port System, the International Trade Data 
System established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)), and the TECS (formerly known as the "Treasury Enforcement Communications System"), and 
any similar and successor systems, to administer the methodologies and standards 
established under paragraph (1). 
(d) T
RADE ALERTS .—Based upon the application of the targeted risk assessment methodologies and 
standards established under subsection (c), the Director of the Trade Remedy Law Enforcement 
Division shall issue Trade Alerts or other such means of notification to directors of United States 
ports of entry directing further inspection, physical examination, or testing of merchandise to ensure compliance with the trade remedy laws and to require additional bonds, cash deposits, or 
other security to ensure collection of any duties, taxes, and fees owed. 
SEC. 412. COLLECTION OF INFORMATION ON EV ASION OF TRADE REMEDY LAWS.   
(a) A
UTHORITY TO COLLECT INFORMATION .—To determine whether covered merchandise is being entered 
into the customs territory of the United States th rough evasion, the Secretary, acting through the 
Commissioner—  
(1) shall exercise all existing authorities to collect information needed to make the 
determination; and 
(2) may collect such additional information as is necessary to make the determination 
through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to—  
(A) a person who filed an allegation with respect to the covered merchandise; G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  (B) a person who is alleged to have entered the covered merchandise into the 
customs territory of the United States through evasion; or 
(C) any other person who is determined to have information relevant to the allegation 
of entry of covered merchandise into the customs territory of the United States 
through evasion. 
(b) A DVERSE INFERENCE .—  
(1) USE OF ADVERSE INFERENCE.—  
(A) IN GENERAL.—If the Secretary finds that  a person described in subparagraph (B) 
has failed to cooperate by not acting to the best of the person's ability to comply with a request for information under subsection (a), the Secretary may, in making a determination whether an entry or entries of covered merchandise may constitute 
merchandise that is entered into the customs territory of the United States through 
evasion, use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred. 
(B) PERSON DESCRIBED.—A person described in this subparagraph is—  
(i) a person who filed an allegation with respect to covered merchandise; (ii) a person alleged to have entered covered merchandise into the customs 
territory of the United States through evasion; or 
(iii) a foreign producer or exporter of covered merchandise that is alleged to 
have entered into the customs territory of the United States through evasion. 
(C) APPLICATION.—An inference described in subparagraph (A) may be used under 
that subparagraph with respect to a person described in clause (ii) or (iii) of 
subparagraph (B) without regard to whether another person involved in the same transaction or transactions under examination has provided the information sought by 
the Secretary, such as import or export documentation. 
(2) ADVERSE INFERENCE DESCRIBED.—An advers e inference used under paragraph (1)(A) 
may include reliance on information derived from—  
(A) the allegation of evasion of the trade remedy laws, if any, submitted to U.S. 
Customs and Border Protection; 
(B) a determination by the Commissioner in another investigation, proceeding, or 
other action regarding evasion of the unfair trade laws; or 
(C) any other available information. 
SEC. 413. ACCESS TO INFORMATION.  
(a) I
N GENERAL .—Section 777(b)(1)(A)(ii) of the Tariff Act of 1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is 
amended by inserting "negligence, gross negligence, or" after "regarding". 
(b) A DDITIONAL INFORMATION .—Notwithstanding any other provision of law, the Secretary is 
authorized to provide to the Secretary of Comm erce or the United States International Trade 
Commission any information that is necessary to enable the Secretary of Commerce or the 
United States International Trade Commission to assist the Secretary to identify, through risk assessment targeting or otherwise, covered merchand ise that is entered into the customs territory 
of the United States through evasion. G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  SEC. 414. COOPERATION WITH FOREIGN COUNTR IES ON PREVENTING EVASION OF 
TRADE REMEDY LAWS. 
(a) B ILATERAL AGREEMENTS .—  
(1) IN GENERAL.—The Secretary shall seek to negotiate and enter into bilateral agreements 
with the customs authorities or other appropriate authorities of foreign countries for 
purposes of cooperation on preventing ev asion of the trade remedy laws of the 
United States and the trade remedy laws of the other country. 
(2) PROVISIONS AND AUTHORITIES.—The Secret ary shall seek to include in each such 
bilateral agreement the following provisions and authorities:  
(A) On the request of the importing count ry, the exporting country shall provide, 
consistent with its laws, regulations, and procedures, production, trade, and transit 
documents and other information necessary to determine whether an entry or entries 
exported from the exporting country are subject to the importing country's trade 
remedy laws. 
(B) On the written request of the importing country, the exporting country shall 
conduct a verification for purposes of enabling the importing country to make a determination described in subparagraph (A). 
(C) The exporting country may allow the importing country to participate in a 
verification described in subparagraph (B), including through a site visit. 
(D) If the exporting country does not allow participation of the importing country in a 
verification described in subparagraph (B), the importing country may take this fact 
into consideration in its trade enforcement and compliance assessment activities 
regarding the compliance of the exporting country's exports with the importing country's trade remedy laws. 
(b) C
ONSIDERATION .—The Commissioner is authorized to take into consideration whether a country 
is a signatory to a bilateral agreement described in subsection (a) and the extent to which the country is cooperating under the bilateral agreement for purposes of trade enforcement and 
compliance assessment activities of U.S. Customs and Border Protection that concern evasion by 
such country's exports. 
(c) R
EPORT.—Not later than December 31 of each calendar year beginning after the date of the 
enactment of this Act, the Secretary shall submit  to the appropriate congressional committees a 
report summarizing—  
(1) the status of any ongoing negotiations  of bilateral agreements described in 
subsection (a), including the identities of the countries involved in such negotiations; 
(2) the terms of any completed bilateral agreements described in subsection (a); and 
(3) bilateral cooperation and other activities conducted pursuant to or enabled by any 
completed bilateral agreements described in subsection (a). 
SEC. 415. TRADE NEGOTIATING OBJECTIVES.   
The principal negotiating objectives of the United States shall include obtaining the objectives of 
the bilateral agreements described under section 414(a) for any trade agreements under negotiation as of the date of the enactment of this Act or future trade agreement negotiations. G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  Subtitle B – Investigation of Evasion of Trade Remedy Laws 
SEC. 421. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF ANTIDUMPING 
AND COUNTERVAILING DUTY ORDERS.  
(a) I N GENERAL .—The Tariff Act of 1930 is amended by inserting after section 516A 
(19 U.S.C. 1516a) the following: 
"SEC. 517. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF ANTIDUMPING 
AND COUNTERVAILING DUTY ORDERS. 
"(a) D EFINITIONS .—In this section:  
"(1) ADMINISTERING AUTHORITY.—The term 'a dministering authority' has the meaning 
given that term in section 771(1). 
"(2) COMMISSIONER.—The term 'Commissioner ' means the Commissioner of U.S. Customs 
and Border Protection. 
"(3) COVERED MERCHANDISE.—The term 'covered  merchandise' means merchandise that is 
subject to—  
"(A) an antidumping duty order issued under section 736; or 
"(B) a countervailing duty order issued under section 706. 
"(4) ENTER; ENTRY.—The terms 'enter' and 'ent ry' refer to the entry, or withdrawal from 
warehouse for consumption, of merchandise into the customs territory of the United States. 
"(5) EVASION.—  
"(A) IN GENERAL.—Except as provided in su bparagraph (B), the term 'evasion' refers 
to entering covered merchandise into the customs territory of the United States 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 merchandise. 
"(B) EXCEPTION FOR CLERICAL ERROR.—  
"(i) IN GENERAL.—Except as provided in clause (ii), the term 'evasion' does not 
include entering covered merchandise into the customs territory of the United States by means of—  
"(I) a document or electronically transmitted data or information, written 
or oral statement, or act that is false as a result of a clerical error; or 
"(II) an omission that results from a clerical error. 
"(ii) PATTERNS OF NEGLIGENT CONDUC T.—If the Commissioner determines 
that a person has entered covered merchandise into the customs territory of the 
United States by means of a clerical error referred to in subclause (I) or (II) of clause (i) and that the clerical error is part of a pattern of negligent conduct on 
the part of that person, the Commissioner may determine, notwithstanding 
clause (i), that the person has entered such covered merchandise into the customs territory of the United States through evasion. G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  "(iii) ELECTRONIC REPETITION OF ERRORS.—For purposes of clause (ii), the 
mere nonintentional repetition by an electr onic system of an initial clerical error 
does not constitute a pattern of negligent conduct. 
"(iv) RULE OF CONSTRUCTION.—A determination by the Commissioner that a 
person has entered covered merchandise into the customs territory of the 
United States by means of a clerical error referred to in subclause (I) or (II) of clause (i) rather than through evasion shall not be construed to excuse that 
person from the payment of any duties applicable to the merchandise. 
"(6) INTERESTED PARTY.—  
"(A) IN GENERAL.—The term 'interested party' means—  
"(i) a foreign manufacturer, producer, or exporter, or the United States 
importer, of covered merchandise or a trade or business association a majority 
of the members of which are producers, exporters, or importers of such merchandise; 
"(ii) a manufacturer, producer, or wholesaler in the United States of a domestic 
like product; 
"(iii) a certified union or recognized union or group of workers that is 
representative of an industry engaged in the manufacture, production, or 
wholesale in the United States of a domestic like product; 
"(iv) a trade or business association a majority of the members of which 
manufacture, produce, or wholesale a domestic like product in the 
United States; 
"(v) an association a majority of the members of which is composed of 
interested parties described in clause (ii), (iii), or (iv) with respect to a domestic 
like product; and 
"(vi) if the covered merchandise is a processed agricultural product, as defined 
in section 771(4)(E), a coalition or trade association that is representative of 
either—  
"(I) processors; "(II) processors and producers; or "(III) processors and growers. 
"(B) DOMESTIC LIKE PRODUCT.—For purposes of subparagraph (A), the term 
'domestic like product' means a product that is like, or in the absence of like, most 
similar in characteristics and uses with, covered merchandise. 
"(b) I
NVESTIGATIONS .—  
"(1) IN GENERAL.—Not later than 15 business days after receiving an allegation described in 
paragraph (2) or a referral described in paragraph (3), the Commissioner shall initiate an 
investigation if the Commissioner determines that the information provided in the allegation 
or the referral, as the case may be, reasonably  suggests that covered merchandise has been 
entered into the customs territory of the United States through evasion. 
"(2) ALLEGATION DESCRIBED.—An allegation described in this paragraph is an allegation 
that a person has entered covered merchandise into the customs territory of the 
United States through evasion that is—  G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  "(A) filed with the Commissioner by an interested party; and 
"(B) accompanied by information reasonably available to the party that filed the 
allegation. 
"(3) REFERRAL DESCRIBED.—A referral described in this paragraph is information submitted 
to the Commissioner by any other Federal ag ency, including the Department of Commerce 
or the United States International Trade Commission, that reasonably suggests that a person has entered covered merchandise into the customs territory of the United States 
through evasion. 
"(4) CONSIDERATION BY ADMINISTERING AUTHORITY.—  
"(A) IN GENERAL.—If the Commissioner receives an allegation under paragraph (2) 
and is unable to determine whether the merchandise at issue is covered merchandise, 
the Commissioner shall—  
"(i) refer the matter to the administering authority to determine whether the 
merchandise is covered merchandise pursuant to the authority of the 
administering authority under title VII; and 
"(ii) notify the party that filed the allegation, and any other interested party 
participating in the investigation, of the referral. 
"(B) DETERMINATION; TRANSMISSION TO COMMISSIONER.—After receiving a 
referral under subparagraph (A)(i) with respect to merchandise, the administering authority shall determine whether the merchandise is covered merchandise and promptly transmit that determination to the Commissioner. 
"(C) STAY OF DEADLINES.—The period requ ired for any referral and determination 
under this paragraph shall not be counted in calculating any deadline under this section. 
"(D) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to affect 
the authority of an interested party to commence an action in the United States Court of International Trade under section 516A(a)(2 ) with respect to a determination of the 
administering authority under this paragraph. 
"(5) CONSOLIDATION OF ALLEGATIONS AND REFERRALS.—  
"(A) IN GENERAL.—The Commissioner may consolidate multiple allegations described 
in paragraph (2) and referrals described in paragraph (3) into a single investigation if 
the Commissioner determines it is appropriate to do so. 
"(B) EFFECT ON TIMING REQUIREMENTS.—If the Commissioner consolidates multiple 
allegations or referrals into a single investigation under subparagraph (A), the date on 
which the Commissioner receives the first such allegation or referral shall be used for 
purposes of the requirement under paragraph (1) with respect to the timing of the initiation of the investigation. 
"(6) INFORMATION-SHARING TO PROTECT HEALTH  AND SAFETY.—If, during the course of 
conducting an investigation under paragraph (1 ) with respect to covered merchandise, the 
Commissioner has reason to suspect that such covered merchandise may pose a health or safety risk to consumers, the Commissioner shall provide, as appropriate, information to the 
appropriate Federal agencies for purposes of mitigating the risk. 
"(7) TECHNICAL ASSISTANCE AND ADVICE.—  
"(A) IN GENERAL.—Upon request, the Commissioner shall provide technical assistance 
and advice to eligible small businesses to enable such businesses to prepare and 
submit allegations described in paragraph (2), except that the Commissioner may G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  deny technical assistance if the Commissioner concludes that the allegation, if 
submitted, would not lead to the initiation of an investigation under this subsection or any other action to address the allegation. 
"(B) ELIGIBLE SMALL BUSINESS DEFINED.—  
"(i) IN GENERAL.—In this paragraph, the term 'eligible small business' means any 
business concern that the Commissioner determines, due to its small size, has neither adequate internal resources nor the financial ability to obtain qualified outside 
assistance in preparing and filing allegations described in paragraph (2). 
"(ii) NON-REVIEWABILITY.—The determin ation of the Commissioner regarding 
whether a business concern is an eligible small business for purposes of this paragraph is not reviewable by any other agency or by any court. 
"(c) D
ETERMINATIONS .—  
"(1) DETERMINATION OF EVASION.—  
" ( A )  I N  G E N E R A L . — E x c e p t  a s  p r o v i d e d  i n  s u b p a r a g r a p h  ( B ) ,  n o t  l a t e r  t h a n  3 0 0  
calendar days after the date on which the Commissioner initiates an investigation 
under subsection (b) with respect to covered merchandise, the Commissioner shall make a determination, based on substantial evidence, with respect to whether such 
covered merchandise was entered into the customs territory of the United States 
through evasion. 
"(B) ADDITIONAL TIME.—The Commissioner may extend the time to make a 
determination under subparagraph (A) by not more than 60 calendar days if the 
Commissioner determines that—  
"(i) the investigation is extraordinarily complicated because of—  
"(I) the number and complexity of the transactions to be investigated; 
"(II) the novelty of the issues presented; or 
"(III) the number of entities to be investigated; and 
"(ii) additional time is necessary to make the determination under 
subparagraph (A). 
"(2) AUTHORITY TO COLLECT AND VERIFY ADDITIONAL INFORMATION.—In making a 
determination under paragraph (1) with respec t to covered merchandise, the Commissioner 
may collect such additional information as is necessary to make the determination through 
such methods as the Commissioner considers appropriate, including by—  
"(A) issuing a questionnaire with respect to such covered merchandise to—  
"(i) an interested party that filed an allegation under paragraph (2) of 
subsection (b) that resulted in the initiation of an investigation under 
paragraph (1) of that subsection with respect to such covered merchandise; 
"(ii) a person alleged to have entered such covered merchandise into the 
customs territory of the United States through evasion; 
"(iii) a person that is a foreign producer or exporter of such covered 
merchandise; or 
"(iv) the government of a country from which such covered merchandise was 
exported; and G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  "(B) conducting verifications, including on-site verifications, of any relevant 
information. 
"(3) ADVERSE INFERENCE.—  
"(A) IN GENERAL.—If the Commissioner finds that a party or person described in 
clause (i), (ii), or (iii) of paragraph (2)(A) has failed to cooperate by not acting to the 
best of the party or person's ability to comply with a request for information, the Commissioner may, in making a determinatio n under paragraph (1), use an inference 
that is adverse to the interests of that party or person in selecting from among the 
facts otherwise available to make the determination. 
"(B) APPLICATION.—An inference described in subparagraph (A) may be used under 
that subparagraph with respect to a person described in clause (ii) or (iii) of 
paragraph (2)(A) without regard to whether another person involved in the same 
transaction or transactions under examination has provided the information sought by the Commissioner, such as import or export documentation. 
"(C) ADVERSE INFERENCE DESCRIBED. —An adverse inference used under 
subparagraph (A) may include reliance  on information derived from—  
"(i) the allegation of evasion of the trad e remedy laws, if any, submitted to U.S. 
Customs and Border Protection; 
"(ii) a determination by the Commissioner in another investigation, proceeding, 
or other action regarding evasion of the unfair trade laws; or 
"(iii) any other available information. 
"(4) NOTIFICATION.—Not later than 5 business days after making a determination under 
paragraph (1) with respect to covered merchandise, the Commissioner—  
"(A) shall provide to each interested party that filed an allegation under paragraph (2) 
of subsection (b) that resulted in the initiation of an investigation under paragraph (1) 
of that subsection with respect to such covered merchandise a notification of the determination and may, in addition, include an explanation of the basis for the 
determination; and 
"(B) may provide to importers, in such manner as the Commissioner determines 
appropriate, information discovered in the investigation that the Commissioner determines will help educate importers with respect to importing merchandise into the 
customs territory of the United States in accordance with all applicable laws and 
regulations. 
"(d) E
FFECT OF DETERMINATIONS .—  
"(1) IN GENERAL.—If the Commissioner makes a determination under subsection (c) that 
covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall—  
"(A)  i) suspend the liquidation of unliquidated entries of such covered merchandise 
that are subject to the determination and that enter on or after the date of the 
initiation of the investigation under subsection (b) with respect to such covered merchandise and on or before the date of the determination; or  
"(ii) if the Commissioner has already suspended the liquidation of such entries 
pursuant to subsection (e)(1), continue to suspend the liquidation of such entries; 
"(B) pursuant to the Commissioner's authority under section 504(b)—  G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  "(i) extend the period for liquidating unliquidated entries of such covered 
merchandise that are subject to the determination and that entered before the date of the initiation of the investigation; or 
"(ii) if the Commissioner has already extended the period for liquidating such 
entries pursuant to subsection (e)(1), continue to extend the period for 
liquidating such entries; 
"(C) notify the administering authority of the determination and request that the 
administering authority—  
"(i) identify the applicable antidumping or countervailing duty assessment rates 
for entries described in subparagraphs (A) and (B); or 
"(ii) if no such assessment rate for such an entry is available at the time, 
identify the applicable cash deposit rate to be applied to the entry, with the 
applicable antidumping or countervailing duty assessment rate to be provided as soon as that rate becomes available; 
"(D) require the posting of cash deposits and assess duties on entries described in 
subparagraphs (A) and (B) in accordance wi th the instructions received from the 
administering authority under paragraph (2); and 
"(E) take such additional enforcement measures as the Commissioner determines 
appropriate, such as—  
"(i) initiating proceedings under section 592 or 596; "(ii) implementing, in consultation with the relevant Federal agencies, rule sets 
or modifications to rule sets for identifying, particularly through the Automated 
Targeting System and the Automated Commercial Environment authorized under section 13031(f)(4) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(4)), importers, other parties, and merchandise 
that may be associated with evasion; 
"(iii) requiring, with respect to merchandise for which the importer has 
repeatedly provided incomplete or erroneous entry summary information in 
connection with determinations of evasion, the importer to deposit estimated duties at the time of entry; and 
"(iv) referring the record in whole or in part to U.S. Immigration and Customs 
Enforcement for civil or criminal investigation. 
"(2) COOPERATION OF ADMINISTERING AUTHORITY.—  
"(A) IN GENERAL.—Upon receiving a notification from the Commissioner under 
paragraph (1)(C), the administering authority shall promptly provide to the 
Commissioner the applicable cash deposit rates and antidumping or countervailing duty assessment rates and any necessary liquidation instructions. 
"(B) SPECIAL RULE FOR CASES IN WH ICH THE PRODUCER OR EXPORTER IS 
UNKNOWN.—If the Commissioner and the administering authority are unable to determine the producer or exporter of the merchandise with respect to which a notification is made under paragraph (1)(C), the administering authority shall identify, 
as the applicable cash deposit rate or antidumping or countervailing duty assessment 
rate, the cash deposit or duty (as the case may be) in the highest amount applicable to any producer or exporter, including the 'all-others' rate of the merchandise subject 
to an antidumping order or countervailing duty order under section 736 or 706, 
respectively, or a finding issued under the Antidumping Act, 1921, or any administrative review conducted under section 751. G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  "(e) I NTERIM MEASURES .—Not later than 90 calendar days after initiating an investigation under 
subsection (b) with respect to covered merchandise, the Commissioner shall decide based on the investigation if there is a reasonable suspicion that such covered merchandise was entered into the customs territory of the United States through evasion and, if the Commissioner decides there is 
such a reasonable suspicion, the Commissioner shall—  
"(1) suspend the liquidation of each unliquidated entry of such covered merchandise that 
entered on or after the date of the initiation of the investigation; 
"(2) pursuant to the Commissioner's authority under section 504(b), extend the period for 
liquidating each unliquidated entry of such covered merchandise that entered before the date of the initiation of the investigation; and 
"(3) pursuant to the Commissioner's authority under section 623, take such additional 
measures as the Commissioner determines necessary to protect the revenue of the 
United States, including requiring a single transaction bond or additional security or the posting of a cash deposit with respect to such covered merchandise. 
"(f) A
DMINISTRATIVE REVIEW .—  
"(1) IN GENERAL.—Not later than 30 business days after the Commissioner makes a 
determination under subsection (c) with re spect to whether covered merchandise was 
entered into the customs territory of the United States through evasion, a person 
determined to have entered such covered me rchandise through evasion or an interested 
party that filed an allegation under paragraph (2) of subsection (b) that resulted in the initiation of an investigation under paragraph (1) of that subsection with respect to such 
covered merchandise may file an appeal with the Commissioner for de novo review of the 
determination. 
"(2) TIMELINE FOR REVIEW.—Not later than 60 business days after an appeal of a 
determination is filed under paragraph (1), the Commissioner shall complete the review of 
the determination. 
"(g) J
UDICIAL REVIEW .—  
"(1) IN GENERAL.—Not later than 30 business days after the Commissioner completes a 
review under subsection (f) of a determination under subsection (c) with respect to whether covered merchandise was entered into the customs territory of the United States through evasion, a person determined to have entere d such covered merchandise through evasion or 
an interested party that filed an allegation  under paragraph (2) of subsection (b) that 
resulted in the initiation of an investigation under paragraph (1) of that subsection with respect to such covered merchandise may seek judicial review of the determination under 
subsection (c) and the review under subsec tion (f) in the United States Court of 
International Trade to determine whether the determination and review is conducted in accordance with subsections (c) and (f). 
"(2) STANDARD OF REVIEW.—In determining whether a determination under subsection (c) 
or review under subsection (f) is conducted in accordance with those subsections, the United States Court of International Trade shall examine—  
"(A) whether the Commissioner fully complied with all procedures under 
subsections (c) and (f); and 
"(B) whether any determination, finding, or conclusion is arbitrary, capricious, an 
abuse of discretion, or otherwise not in accordance with law. 
"(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall affect the availability of 
judicial review to an interested party under any other provision of law. 
"(h) R
ULE OF CONSTRUCTION WITH RESPECT TO OTHER CI VIL AND CRIMINAL PROCEEDINGS AND INVESTIGATIONS .—No 
determination under subsection (c), review un der subsection (f), or action taken by the G/ADP/N/1/USA/1/Suppl.23 • G/SCM/N/1/USA/1/Suppl.23 
 
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  Commissioner pursuant to this section shall preclude any individual or entity from proceeding, or 
otherwise affect or limit the authority of any individual or entity to proceed, with any civil, criminal, or administrative investigation or proceeding pursuant to any other provision of Federal or State law, including sections 592 and 596.". 
(b) C
ONFORMING AMENDMENT .—Section 1581(c) of title 28, United States Code, is amended by 
inserting "or 517" after "516A". 
(c) E FFECTIVE DATE .—The amendments made by this section shall take effect on the date that is 180 
days after the date of the enactment of this Act. 
(d) R EGULATIONS .—Not later than the date that is 180 days after the date of the enactment of this 
Act, the Secretary shall prescribe such regulations as may be necessary to implement the amendments made by this section. 
Subtitle C – Other Matters 
SEC. 433. ADDRESSING CIRCUMVENT ION BY NEW SHIPPERS.   
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)) is amended— 
(1) by striking clause (iii); 
(2) by redesignating clause (iv) as clause (iii); and (3) by inserting after clause (iii), as redesignated by paragraph (2) of this section, the 
following: 
"(iv) DETERMINATIONS BASED ON BONA FIDE SALES.—Any weighted average 
dumping margin or individual countervailing duty rate determined for an exporter or producer in a review conducted under clause (i) shall be based solely on the bona fide 
United States sales of an exporter or producer, as the case may be, made during the 
period covered by the review. In determining whether the United States sales of an exporter or producer made during the period covered by the review were bona fide, 
the administering authority shall consider, depending on the circumstances 
surrounding such sales—  
"(I) the prices of such sales; 
"(II) whether such sales were made in commercial quantities; 
"(III) the timing of such sales; "(IV) the expenses arising from such sales; "(V) whether the subject merchandise involved in such sales was resold in the 
United States at a profit; 
"(VI) whether such sales were made on an arms-length basis; and "(VII) any other factor the administering authority determines to be relevant as 
to whether such sales are, or are not, li kely to be typical of those the exporter 
or producer will make after completion of the review.". 
 
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