I 

113TH CONGRESS 

1ST SESSION H. R. 1440 

To prevent the evasion of antidumping and countervailing duty orders, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2013 

Mr. LONG (for himself, Ms. LINDA T. SA ́NCHEZ of California, Mr. JONES, Mr. 

GRAVES of Missouri, Mr. NUNNELEE, Mrs. ELLMERS, Mrs. HARTZLER, 

Mr. WESTMORELAND, Mr. KINZINGER of Illinois, Mr. BACHUS, Mrs. 

NAPOLITANO, Mr. RYAN of Ohio, Mr. JOHNSON of Georgia, Mr. RANGEL, 

Mr. CONYERS, Mr. MICHAUD, Mr. STIVERS, Mr. COOPER, Mr. ENYART, 

Ms. KAPTUR, Mr. LIPINSKI, Mr. OWENS, Mr. PASCRELL, Mr. GENE

GREEN of Texas, Ms. SHEA-PORTER, Mr. FOSTER, Mr. CRAMER, Mr. 

TURNER, Mr. GRIJALVA, Ms. ROYBAL-ALLARD, Ms. BROWN of Florida, 

Mr. VISCLOSKY, Mr. MCGOVERN, Ms. SCHWARTZ, Mr. LUETKEMEYER, 

and Mr. LOWENTHAL) introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To prevent the evasion of antidumping and countervailing 

duty orders, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Enforcing Orders and Reducing Customs Evasion Act of 

6 2013’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PROCEDURES 

Sec. 101. Procedures for investigating claims of evasion of antidumping and 

countervailing duty orders. 

Sec. 102. Application to Canada and Mexico. 

TITLE II—OTHER MATTERS 

Sec. 201. Definitions. 

Sec. 202. Allocation of U.S. Customs and Border Protection personnel. 

Sec. 203. Regulations. 

Sec. 204. Annual report on prevention of evasion of antidumping and countervailing duty orders. 

Sec. 205. Government Accountability Office report on reliquidation authority. 

3 TITLE I—PROCEDURES 

4 SEC. 101. PROCEDURES FOR INVESTIGATING CLAIMS OF 

5 EVASION OF ANTIDUMPING AND COUNTER6 VAILING DUTY ORDERS. 

7 (a) IN GENERAL.—The Tariff Act of 1930 is amend8 ed by inserting after section 516A (19 U.S.C. 1516a) the 

9 following: 

10 ‘‘SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF 

11 EVASION OF ANTIDUMPING AND COUNTER12 VAILING DUTY ORDERS. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) ADMINISTERING AUTHORITY.—The term 

15 ‘administering authority’ has the meaning given that 

16 term in section 771(1). 


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1 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘appropriate congressional com3 mittees’ means— 

4 ‘‘(A) the Committee on Finance and the 

5 Committee on Appropriations of the Senate; 

6 and 

7 ‘‘(B) the Committee on Ways and Means 

8 and the Committee on Appropriations of the 

9 House of Representatives. 

10 ‘‘(3) COMMISSIONER.—The term ‘Commis11 sioner’ means the Commissioner responsible for U.S. 

12 Customs and Border Protection. 

13 ‘‘(4) COVERED MERCHANDISE.—The term ‘cov14 ered merchandise’ means merchandise that is subject 

15 to— 

16 ‘‘(A) an antidumping duty order issued 

17 under section 736; 

18 ‘‘(B) a finding issued under the Anti19 dumping Act, 1921; or 

20 ‘‘(C) a countervailing duty order issued 

21 under section 706. 

22 ‘‘(5) ENTER; ENTRY.—The terms ‘enter’ and 

23 ‘entry’ refer to the entry, or withdrawal from ware24 house for consumption, in the customs territory of 

25 the United States. 


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1 ‘‘(6) EVADE; EVASION.—The terms ‘evade’ and 

2 ‘evasion’ refer to entering covered merchandise into 

3 the customs territory of the United States by means 

4 of any document or electronically transmitted data 

5 or information, written or oral statement, or act that 

6 is material and false, or any omission that is mate7 rial, and that results in any cash deposit or other se8 curity or any amount of applicable antidumping or 

9 countervailing duties being reduced or not being ap10 plied with respect to the merchandise. 

11 ‘‘(7) INTERESTED PARTY.—The term ‘inter12 ested party’ has the meaning given that term in sec13 tion 771(9). 

14 ‘‘(b) PROCEDURES FOR INVESTIGATING ALLEGA15 TIONS OF EVASION.— 

16 ‘‘(1) INITIATION BY PETITION OR REFERRAL.— 

17 ‘‘(A) IN GENERAL.—Not later than 10 

18 days after the date on which the Commissioner 

19 receives a petition described in subparagraph 

20 (B) or a referral described in subparagraph (C), 

21 the Commissioner shall initiate an investigation 

22 pursuant to this paragraph. 

23 ‘‘(B) PETITION DESCRIBED.—A petition 

24 described in this subparagraph is a petition 

25 that— 


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1 ‘‘(i) is filed with the Commissioner by 

2 any party who is an interested party with 

3 respect to covered merchandise; 

4 ‘‘(ii) alleges that a person has entered 

5 covered merchandise into the customs ter6 ritory of the United States through eva7 sion; and 

8 ‘‘(iii) is accompanied by information 

9 reasonably available to the petitioner sup10 porting the allegation. 

11 ‘‘(C) REFERRAL DESCRIBED.—A referral 

12 described in this subparagraph is information 

13 submitted to the Commissioner by any other 

14 Federal agency, including the Department of 

15 Commerce or the United States International 

16 Trade Commission, indicating that a person has 

17 entered covered merchandise into the customs 

18 territory of the United States through evasion. 

19 ‘‘(2) DETERMINATIONS.— 

20 ‘‘(A) PRELIMINARY DETERMINATION.— 

21 ‘‘(i) IN GENERAL.—Not later than 90 

22 days after the date on which the Commis23 sioner initiates an investigation under 

24 paragraph (1), the Commissioner shall 

25 issue a preliminary determination, based 


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1 on information available to the Commis2 sioner at the time of the determination, 

3 with respect to whether there is a reason4 able basis to believe or suspect that the 

5 covered merchandise was entered into the 

6 customs territory of the United States 

7 through evasion. 

8 ‘‘(ii) EXTENSION.—The Commissioner 

9 may extend by not more than 45 days the 

10 time period specified in clause (i) if the 

11 Commissioner determines that sufficient 

12 information to make a preliminary deter13 mination under that clause is not available 

14 within that time period or the inquiry is 

15 unusually complex. 

16 ‘‘(B) FINAL DETERMINATION.— 

17 ‘‘(i) IN GENERAL.—Not later than 

18 120 days after making a preliminary deter19 mination under subparagraph (A), the 

20 Commissioner shall make a final deter21 mination, based on substantial evidence, 

22 with respect to whether covered merchan23 dise was entered into the customs territory 

24 of the United States through evasion. 


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1 ‘‘(ii) EXTENSION.—The Commissioner 

2 may extend by not more than 60 days the 

3 time period specified in clause (i) if the 

4 Commissioner determines that sufficient 

5 information to make a final determination 

6 under that clause is not available within 

7 that time period or the inquiry is unusually 

8 complex. 

9 ‘‘(iii) OPPORTUNITY FOR COMMENT; 

10 HEARING.—After making a preliminary de11 termination under subparagraph (A) and 

12 before issuing a final determination under 

13 this subparagraph with respect to whether 

14 covered merchandise was entered into the 

15 customs territory of the United States 

16 through evasion, the Commissioner shall— 

17 ‘‘(I) provide any person alleged 

18 to have entered the merchandise into 

19 the customs territory of the United 

20 States through evasion, and any per21 son that is an interested party with 

22 respect to the merchandise, with an 

23 opportunity to be heard; 

24 ‘‘(II) upon request, hold a hear25 ing with respect to whether the covVerDate Mar 15 2010 16:15 Apr 12, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 ered merchandise was entered into the 

2 customs territory of the United States 

3 through evasion; and 

4 ‘‘(III) provide an opportunity for 

5 public comment. 

6 ‘‘(C) AUTHORITY TO COLLECT AND VERIFY

7 ADDITIONAL INFORMATION.—In making a pre8 liminary determination under subparagraph (A) 

9 or a final determination under subparagraph 

10 (B), the Commissioner— 

11 ‘‘(i) shall exercise all existing authori12 ties to collect information needed to make 

13 the determination; and 

14 ‘‘(ii) may collect such additional infor15 mation as is necessary to make the deter16 mination through such methods as the 

17 Commissioner considers appropriate, in18 cluding by— 

19 ‘‘(I) issuing a questionnaire with 

20 respect to covered merchandise to— 

21 ‘‘(aa) a person that filed a 

22 petition under paragraph (1)(B); 

23 ‘‘(bb) a person alleged to 

24 have entered covered merchan25 dise into the customs territory of 


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1 the United States through eva2 sion; or 

3 ‘‘(cc) any other person that 

4 is an interested party with re5 spect to the covered merchandise; 

6 or 

7 ‘‘(II) conducting verifications, in8 cluding on-site verifications, of any 

9 relevant information. 

10 ‘‘(D) ADVERSE INFERENCE.— 

11 ‘‘(i) IN GENERAL.—If the Commis12 sioner finds that a person that filed a peti13 tion under paragraph (1)(B), a person al14 leged to have entered covered merchandise 

15 into the customs territory of the United 

16 States through evasion, or a foreign pro17 ducer or exporter, has failed to cooperate 

18 by not acting to the best of the person’s 

19 ability to comply with a request for infor20 mation, the Commissioner may, in making 

21 a preliminary determination under sub22 paragraph (A) or a final determination 

23 under subparagraph (B), use an inference 

24 that is adverse to the interests of that per25 son in selecting from among the facts othVerDate Mar 15 2010 16:15 Apr 12, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 erwise available to determine whether eva2 sion has occurred. 

3 ‘‘(ii) ADVERSE INFERENCE DE4 SCRIBED.—An adverse inference used 

5 under clause (i) may include reliance on in6 formation derived from— 

7 ‘‘(I) the petition, if any, sub8 mitted under paragraph (1)(B) with 

9 respect to the covered merchandise; 

10 ‘‘(II) a determination by the 

11 Commissioner in another investigation 

12 under this section; 

13 ‘‘(III) an investigation or review 

14 by the administering authority under 

15 title VII; or 

16 ‘‘(IV) any other information 

17 placed on the record. 

18 ‘‘(E) NOTIFICATION AND PUBLICATION.— 

19 Not later than 7 days after making a prelimi20 nary determination under subparagraph (A) or 

21 a final determination under subparagraph (B), 

22 the Commissioner shall— 

23 ‘‘(i) provide notification of the deter24 mination to— 


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1 ‘‘(I) the administering authority; 

2 and 

3 ‘‘(II) the person that submitted 

4 the petition under paragraph (1)(B) 

5 or the Federal agency that submitted 

6 the referral under paragraph (1)(C); 

7 and 

8 ‘‘(ii) provide the determination for 

9 publication in the Federal Register. 

10 ‘‘(3) BUSINESS PROPRIETARY INFORMATION.— 

11 ‘‘(A) ESTABLISHMENT OF PROCEDURES.— 

12 For each investigation initiated under para13 graph (1), the Commissioner shall establish 

14 procedures for the submission of business pro15 prietary information under an administrative 

16 protective order that— 

17 ‘‘(i) protects against public disclosure 

18 of such information; and 

19 ‘‘(ii) for purposes of submitting com20 ments to the Commissioner, provides lim21 ited access to such information for— 

22 ‘‘(I) the person that submitted 

23 the petition under paragraph (1)(B) 

24 or the Federal agency that submitted 


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1 the referral under paragraph (1)(C); 

2 and 

3 ‘‘(II) the person alleged to have 

4 entered covered merchandise into the 

5 customs territory of the United States 

6 through evasion. 

7 ‘‘(B) ADMINISTRATION IN ACCORDANCE

8 WITH OTHER PROCEDURES.—The procedures 

9 established under subparagraph (A) shall be ad10 ministered, to the maximum extent practicable, 

11 in accordance with administrative protective 

12 order procedures under section 777 by the ad13 ministering authority. 

14 ‘‘(C) DISCLOSURE OF BUSINESS PROPRI15 ETARY INFORMATION.—The Commissioner 

16 shall, in accordance with the procedures estab17 lished under subparagraph (A), make all busi18 ness proprietary information presented to, or 

19 obtained by, the Commissioner during an inves20 tigation available to the persons specified in 

21 subparagraph (A)(ii) under an administrative 

22 protective order, regardless of when such infor23 mation is submitted during an investigation. 

24 ‘‘(4) REFERRALS TO OTHER FEDERAL AGEN25 CIES.— 


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1 ‘‘(A) AFTER PRELIMINARY DETERMINA2 TION.—Notwithstanding section 777 and sub3 ject to subparagraph (C), when the Commis4 sioner makes an affirmative preliminary deter5 mination under paragraph (2)(A), the Commis6 sioner shall, at the request of the head of an7 other Federal agency, transmit the administra8 tive record to the head of that agency. 

9 ‘‘(B) AFTER FINAL DETERMINATION.— 

10 Notwithstanding section 777 and subject to 

11 subparagraph (C), when the Commissioner 

12 makes an affirmative final determination under 

13 paragraph (2)(B), the Commissioner shall, at 

14 the request of the head of another Federal 

15 agency, transmit the complete administrative 

16 record to the head of that agency. 

17 ‘‘(C) PROTECTIVE ORDERS.—Before trans18 mitting an administrative record to the head of 

19 another Federal agency under subparagraph 

20 (A) or (B), the Commissioner shall verify that 

21 the other agency has in effect with respect to 

22 the administrative record a protective order 

23 that provides the same or a similar level of pro24 tection for the information in the administrative 


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1 record as the protective order in effect with re2 spect to such information under this subsection. 

3 ‘‘(c) EFFECT OF DETERMINATIONS.— 

4 ‘‘(1) EFFECT OF AFFIRMATIVE PRELIMINARY

5 DETERMINATION.—If the Commissioner makes a 

6 preliminary determination in accordance with sub7 section (b)(2)(A) that there is a reasonable basis to 

8 believe or suspect that covered merchandise was en9 tered into the customs territory of the United States 

10 through evasion, the Commissioner shall— 

11 ‘‘(A) suspend the liquidation of each unliq12 uidated entry of the covered merchandise that 

13 is subject to the preliminary determination and 

14 that entered on or after the date of the initi15 ation of the investigation under paragraph (1) 

16 and, pursuant to the Commissioner’s authority 

17 under section 504(b), extend liquidation of each 

18 unliquidated entry of the covered merchandise 

19 that is subject to the preliminary determination 

20 and that entered prior to the date of the initi21 ation of the investigation under paragraph (1); 

22 ‘‘(B) review and reassess the amount of 

23 bond or other security the importer is required 

24 to post for each entry of merchandise described 

25 in subparagraph (A); 


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1 ‘‘(C) require the posting of a cash deposit 

2 with respect to each entry of merchandise de3 scribed in subparagraph (A); and 

4 ‘‘(D) take such other measures as the 

5 Commissioner determines appropriate to ensure 

6 the collection of any duties that may be owed 

7 with respect to merchandise described in sub8 paragraph (A) as a result of a final determina9 tion under subsection (b)(2)(B). 

10 ‘‘(2) EFFECT OF NEGATIVE PRELIMINARY DE11 TERMINATION.—If the Commissioner makes a pre12 liminary determination in accordance with sub13 section (b)(2)(A) that there is not a reasonable basis 

14 to believe or suspect that covered merchandise was 

15 entered into the customs territory of the United 

16 States through evasion, the Commissioner shall con17 tinue the investigation and notify the administering 

18 authority pending a final determination under sub19 section (b)(2)(B). 

20 ‘‘(3) EFFECT OF AFFIRMATIVE FINAL DETER21 MINATION.—If the Commissioner makes a final de22 termination in accordance with subsection (b)(2)(B) 

23 that covered merchandise was entered into the cus24 toms territory of the United States through evasion, 

25 the Commissioner shall— 


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1 ‘‘(A) suspend or continue to suspend, as 

2 the case may be, the liquidation of each entry 

3 of the covered merchandise that is subject to 

4 the determination and that enters on or after 

5 the date of the determination and, pursuant to 

6 the Commissioner’s authority under section 

7 504(b), extend or continue to extend, as the 

8 case may be, the liquidation of each entry of 

9 the covered merchandise that is subject to the 

10 determination and that entered prior to the 

11 date of the determination; 

12 ‘‘(B) notify the administering authority of 

13 the determination and request that the admin14 istering authority— 

15 ‘‘(i) identify the applicable anti16 dumping or countervailing duty assessment 

17 rate for the entries for which liquidation is 

18 suspended under paragraph (1)(A) or sub19 paragraph (A) of this paragraph; or 

20 ‘‘(ii) if no such assessment rates are 

21 available at the time, identify the applica22 ble cash deposit rate to be applied to the 

23 entries described in subparagraph (A), 

24 with the applicable antidumping or coun25 tervailing duty assessment rates to be proVerDate Mar 15 2010 16:15 Apr 12, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 vided as soon as such rates become avail2 able; 

3 ‘‘(C) require the posting of cash deposits 

4 and assess duties on each entry of merchandise 

5 described in subparagraph (A) in accordance 

6 with the instructions received from the admin7 istering authority under paragraph (5); 

8 ‘‘(D) review and reassess the amount of 

9 bond or other security the importer is required 

10 to post for merchandise described in subpara11 graph (A) to ensure the protection of revenue 

12 and compliance with the law; and 

13 ‘‘(E) take such additional enforcement 

14 measures as the Commissioner determines ap15 propriate, such as— 

16 ‘‘(i) initiating proceedings under sec17 tion 592 or 596; 

18 ‘‘(ii) implementing, in consultation 

19 with the relevant Federal agencies, rule 

20 sets or modifications to rules sets for iden21 tifying, particularly through the Auto22 mated Targeting System and the Auto23 mated Commercial Environment, import24 ers, other parties, and merchandise that 

25 may be associated with evasion; 


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1 ‘‘(iii) requiring, with respect to mer2 chandise for which the importer has re3 peatedly provided incomplete or erroneous 

4 entry summary information in connection 

5 with determinations of evasion, the im6 porter to submit entry summary docu7 mentation and to deposit estimated duties 

8 at the time of entry; 

9 ‘‘(iv) referring the record in whole or 

10 in part to U.S. Immigration and Customs 

11 Enforcement for civil or criminal investiga12 tion; and 

13 ‘‘(v) transmitting the administrative 

14 record to the administering authority for 

15 further appropriate proceedings. 

16 ‘‘(4) EFFECT OF NEGATIVE FINAL DETERMINA17 TION.—If the Commissioner makes a final deter18 mination in accordance with subsection (b)(2)(B) 

19 that covered merchandise was not entered into the 

20 customs territory of the United States through eva21 sion, the Commissioner shall terminate the suspen22 sion of liquidation pursuant to paragraph (1)(A) and 

23 refund any cash deposits collected pursuant to para24 graph (1)(C) that are in excess of the cash deposit 


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1 rate that would otherwise have been applicable the 

2 merchandise. 

3 ‘‘(5) COOPERATION OF ADMINISTERING AU4 THORITY.— 

5 ‘‘(A) IN GENERAL.—Upon receiving a noti6 fication from the Commissioner under para7 graph (3)(B), the administering authority shall 

8 promptly provide to the Commissioner the ap9 plicable cash deposit rates and antidumping or 

10 countervailing duty assessment rates and any 

11 necessary liquidation instructions. 

12 ‘‘(B) SPECIAL RULE FOR CASES IN WHICH

13 THE PRODUCER OR EXPORTER IS UNKNOWN.— 

14 If the Commissioner and administering author15 ity are unable to determine the producer or ex16 porter of the merchandise with respect to which 

17 a notification is made under paragraph (3)(B), 

18 the administering authority shall identify, as 

19 the applicable cash deposit rate or antidumping 

20 or countervailing duty assessment rate, the cash 

21 deposit or duty (as the case may be) in the 

22 highest amount applicable to any producer or 

23 exporter, including the ‘all-others’ rate of the 

24 merchandise subject to an antidumping order or 

25 countervailing duty order under section 736 or 


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1 706, respectively, or a finding issued under the 

2 Antidumping Act, 1921, or any administrative 

3 review conducted under section 751. 

4 ‘‘(d) SPECIAL RULES.— 

5 ‘‘(1) EFFECT ON OTHER AUTHORITIES.—Nei6 ther the initiation of an investigation under sub7 section (b)(1) nor a preliminary determination or a 

8 final determination under subsection (b)(2) shall af9 fect the authority of the Commissioner— 

10 ‘‘(A) to pursue such other enforcement 

11 measures with respect to the evasion of anti12 dumping or countervailing duties as the Com13 missioner determines necessary, including en14 forcement measures described in clauses (i) 

15 through (iv) of subsection (c)(3)(E); or 

16 ‘‘(B) to assess any penalties or collect any 

17 applicable duties, taxes, and fees, including pur18 suant to section 592. 

19 ‘‘(2) EFFECT OF DETERMINATIONS ON FRAUD

20 ACTIONS.—Neither a preliminary determination nor 

21 a final determination under subsection (b)(2) shall 

22 be determinative in a proceeding under section 592. 

23 ‘‘(3) NEGLIGENCE OR INTENT.—The Commis24 sioner shall investigate and make a preliminary de25 termination or a final determination under this secVerDate Mar 15 2010 16:15 Apr 12, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1440.IH H1440

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1 tion with respect to whether a person has entered 

2 covered merchandise into the customs territory of 

3 the United States through evasion without regard to 

4 whether the person— 

5 ‘‘(A) intended to violate an antidumping 

6 duty order or countervailing duty order under 

7 section 736 or 706, respectively, or a finding 

8 issued under the Antidumping Act, 1921; or 

9 ‘‘(B) exercised reasonable care with respect 

10 to avoiding a violation of such an order or find11 ing.’’. 

12 (b) TECHNICAL AMENDMENT.—Clause (ii) of section 

13 777(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 

14 1677f(b)(1)(A)) is amended to read as follows: 

15 ‘‘(ii) to an officer or employee of U.S. 

16 Customs and Border Protection who is di17 rectly involved in conducting an investiga18 tion regarding fraud under this title or 

19 claims of evasion under section 516B.’’. 

20 (c) JUDICIAL REVIEW.—Section 516A(a)(2) of the 

21 Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is amended— 

22 (1) in subparagraph (A)— 

23 (A) in clause (i)(III), by striking ‘‘or’’ at 

24 the end; 


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1 (B) in clause (ii), by adding ‘‘or’’ at the 

2 end; and 

3 (C) by inserting after clause (ii) the fol4 lowing: 

5 ‘‘(iii) the date of publication in the 

6 Federal Register of a determination de7 scribed in clause (ix) of subparagraph 

8 (B),’’; and 

9 (2) in subparagraph (B), by adding at the end 

10 the following new clause: 

11 ‘‘(ix) A determination by the Commis12 sioner responsible for U.S. Customs and 

13 Border Protection under section 516B that 

14 merchandise has been entered into the cus15 toms territory of the United States 

16 through evasion.’’. 

17 (d) FINALITY OF DETERMINATIONS.—Section 514(b) 

18 of the Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended 

19 by striking ‘‘section 303’’ and all that follows through 

20 ‘‘which are reviewable’’ and inserting ‘‘section 516B or 

21 title VII that are reviewable’’. 

22 SEC. 102. APPLICATION TO CANADA AND MEXICO. 

23 Pursuant to article 1902 of the North American Free 

24 Trade Agreement and section 408 of the North American 

25 Free Trade Agreement Implementation Act (19 U.S.C. 


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1 3438), the amendments made by this title shall apply with 

2 respect to goods from Canada and Mexico. 

3 TITLE II—OTHER MATTERS 

4 SEC. 201. DEFINITIONS. 

5 In this title, the terms ‘‘appropriate congressional 

6 committees’’, ‘‘Commissioner’’, ‘‘covered merchandise’’, 

7 ‘‘enter’’ and ‘‘entry’’, and ‘‘evade’’ and ‘‘evasion’’ have the 

8 meanings given those terms in section 516B(a) of the Tar9 iff Act of 1930 (as added by section 101 of this Act). 

10 SEC. 202. ALLOCATION OF U.S. CUSTOMS AND BORDER 

11 PROTECTION PERSONNEL. 

12 (a) REASSIGNMENT AND ALLOCATION.—The Com13 missioner shall, to the maximum extent possible, ensure 

14 that U.S. Customs and Border Protection— 

15 (1) employs sufficient personnel who have ex16 pertise in, and responsibility for, preventing the 

17 entry of covered merchandise into the customs terri18 tory of the United States through evasion; and 

19 (2) on the basis of risk assessment metrics, as20 signs sufficient personnel with primary responsibility 

21 for preventing the entry of covered merchandise into 

22 the customs territory of the United States through 

23 evasion to the ports of entry in the United States at 

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1 sion presents the most substantial threats to the rev2 enue of the United States. 

3 (b) COMMERCIAL ENFORCEMENT OFFICERS.—Not 

4 later than 30 days after the enactment of this Act, the 

5 Secretary of Homeland Security, the Commissioner, and 

6 the Assistant Secretary for U.S. Immigration and Cus7 toms Enforcement shall assess and properly allocate the 

8 resources of U.S. Customs and Border Protection and 

9 U.S. Immigration and Customs Enforcement— 

10 (1) to effectively implement the provisions of, 

11 and amendments made by, this Act; and 

12 (2) to improve efforts to investigate and combat 

13 evasion. 

14 SEC. 203. REGULATIONS. 

15 (a) IN GENERAL.—Not later than 240 days after the 

16 date of the enactment of this Act, the Commissioner shall 

17 issue regulations to carry out this title and the amend18 ments made by title I. 

19 (b) COOPERATION BETWEEN U.S. CUSTOMS AND

20 BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS

21 ENFORCEMENT, AND DEPARTMENT OF COMMERCE.—Not 

22 later than 240 days after the date of the enactment of 

23 this Act, the Commissioner, the Assistant Secretary for 

24 U.S. Immigration and Customs Enforcement, and the Sec25 retary of Commerce shall establish procedures to ensure 


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1 maximum cooperation and communication between U.S. 

2 Customs and Border Protection, U.S. Immigration and 

3 Customs Enforcement, and the Department of Commerce 

4 in order to quickly, efficiently, and accurately investigate 

5 allegations of evasion under section 516B of the Tariff 

6 Act of 1930 (as added by section 101 of this Act). 

7 SEC. 204. ANNUAL REPORT ON PREVENTION OF EVASION 

8 OF ANTIDUMPING AND COUNTERVAILING 

9 DUTY ORDERS. 

10 (a) IN GENERAL.—Not later than February 28 of 

11 each year, beginning in 2015, the Commissioner, in con12 sultation with the Secretary of Commerce, shall submit to 

13 the appropriate congressional committees a report on the 

14 efforts being taken pursuant to section 516B of the Tariff 

15 Act of 1930 (as added by section 101 of this Act) to pre16 vent the entry of covered merchandise into the customs 

17 territory of the United States through evasion. 

18 (b) CONTENTS.—Each report required under sub19 section (a) shall include— 

20 (1) for the fiscal year preceding the submission 

21 of the report— 

22 (A) the number and a brief description of 

23 petitions and referrals received pursuant to sec24 tion 516B(b)(1) of the Tariff Act of 1930 (as 

25 added by section 101 of this Act); 


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1 (B) the results of the investigations initi2 ated under such section, including any related 

3 enforcement actions, and the amount of anti4 dumping and countervailing duties collected as 

5 a result of those investigations; and 

6 (C) to the extent appropriate, a summary 

7 of the efforts of U.S. Customs and Border Pro8 tection, other than efforts initiated pursuant 

9 section 516B of the Tariff Act of 1930 (as 

10 added by section 101 of this Act), to prevent 

11 the entry of covered merchandise into the cus12 toms territory of the United States through 

13 evasion; and 

14 (2) for the 3 fiscal years preceding the submis15 sion of the report, an estimate of— 

16 (A) the amount of covered merchandise 

17 that entered the customs territory of the United 

18 States through evasion; and 

19 (B) the amount of duties that could not be 

20 collected on such merchandise because the Com21 missioner did not have the authority to reliq22 uidate the entries of such merchandise. 


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1 SEC. 205. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 

2 ON RELIQUIDATION AUTHORITY. 

3 Not later than 60 days after the date of the enact4 ment of this Act, the Comptroller General of the United 

5 States shall submit to the appropriate congressional com6 mittees, and make available to the public, a report esti7 mating the amount of duties that could not be collected 

8 on covered merchandise that entered the customs territory 

9 of the United States through evasion during fiscal years 

10 2011 and 2012 because the Commissioner did not have 

11 the authority to reliquidate the entries of such merchan12 dise. 

Æ 


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