I 

112TH CONGRESS 

1ST SESSION H. R. 3057 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2011 

Mr. LONG (for himself, Mr. NUNNELEE, Mrs. EMERSON, Mr. LUETKEMEYER, 

Mr. AKIN, Ms. LINDA T. SA ́NCHEZ of California, Mr. BACHUS, Mr. MANZULLO, Mr. CHANDLER, Mr. CRITZ, Mr. CONYERS, Mr. STARK, Mr. 

CARNAHAN, and Mr. LIPINSKI) 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 2011’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 TITLE I—PROCEDURES 

2 SEC. 101. PROCEDURES FOR INVESTIGATING CLAIMS OF 

3 EVASION OF ANTIDUMPING AND COUNTER4 VAILING DUTY ORDERS. 

5 (a) IN GENERAL.—The Tariff Act of 1930 is amend6 ed by inserting after section 516A (19 U.S.C. 1516a) the 

7 following: 

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

9 EVASION OF ANTIDUMPING AND COUNTER10 VAILING DUTY ORDERS. 

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

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

13 ‘administering authority’ has the meaning given that 

14 term in section 771(1). 

15 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘appropriate congressional com17 mittees’ means— 


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

2 Committee on Appropriations of the Senate; 

3 and 

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

5 and the Committee on Appropriations of the 

6 House of Representatives. 

7 ‘‘(3) COMMISSIONER.—The term ‘Commis8 sioner’ means the Commissioner responsible for U.S. 

9 Customs and Border Protection. 

10 ‘‘(4) COVERED MERCHANDISE.—The term ‘cov11 ered merchandise’ means merchandise that is subject 

12 to— 

13 ‘‘(A) an antidumping duty order issued 

14 under section 736; 

15 ‘‘(B) a finding issued under the Anti16 dumping Act, 1921; or 

17 ‘‘(C) a countervailing duty order issued 

18 under section 706. 

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

20 ‘entry’ refer to the entry, or withdrawal from ware21 house for consumption, in the customs territory of 

22 the United States. 

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

24 ‘evasion’ refer to entering covered merchandise into 

25 the customs territory of the United States by means 


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1 of any document or electronically transmitted data 

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

3 is material and false, or any omission that is mate4 rial, and that results in any cash deposit or other se5 curity or any amount of applicable antidumping or 

6 countervailing duties being reduced or not being ap7 plied with respect to the merchandise. 

8 ‘‘(7) INTERESTED PARTY.—The term ‘inter9 ested party’ has the meaning given that term in sec10 tion 771(9). 

11 ‘‘(b) PROCEDURES FOR INVESTIGATING ALLEGA12 TIONS OF EVASION.— 

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

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

15 days after the date on which the Commissioner 

16 receives a petition described in subparagraph 

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

18 the Commissioner shall initiate an investigation 

19 pursuant to this paragraph. 

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

21 described in this subparagraph is a petition 

22 that— 

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

24 any party who is an interested party with 

25 respect to covered merchandise; 


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

2 covered merchandise into the customs ter3 ritory of the United States through eva4 sion; and 

5 ‘‘(iii) is accompanied by information 

6 reasonably available to the petitioner sup7 porting the allegation. 

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

9 described in this subparagraph is information 

10 submitted to the Commissioner by any other 

11 Federal agency, including the Department of 

12 Commerce or the United States International 

13 Trade Commission, indicating that a person has 

14 entered covered merchandise into the customs 

15 territory of the United States through evasion. 

16 ‘‘(2) DETERMINATIONS.— 

17 ‘‘(A) PRELIMINARY DETERMINATION.— 

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

19 days after the date on which the Commis20 sioner initiates an investigation under 

21 paragraph (1), the Commissioner shall 

22 issue a preliminary determination, based 

23 on information available to the Commis24 sioner at the time of the determination, 

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1 able basis to believe or suspect that the 

2 covered merchandise was entered into the 

3 customs territory of the United States 

4 through evasion. 

5 ‘‘(ii) EXTENSION.—The Commissioner 

6 may extend by not more than 45 days the 

7 time period specified in clause (i) if the 

8 Commissioner determines that sufficient 

9 information to make a preliminary deter10 mination under that clause is not available 

11 within that time period or the inquiry is 

12 unusually complex. 

13 ‘‘(B) FINAL DETERMINATION.— 

14 ‘‘(i) IN GENERAL.—Not later than 

15 120 days after making a preliminary deter16 mination under subparagraph (A), the 

17 Commissioner shall make a final deter18 mination, based on substantial evidence, 

19 with respect to whether covered merchan20 dise was entered into the customs territory 

21 of the United States through evasion. 

22 ‘‘(ii) EXTENSION.—The Commissioner 

23 may extend by not more than 60 days the 

24 time period specified in clause (i) if the 

25 Commissioner determines that sufficient 


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1 information to make a final determination 

2 under that clause is not available within 

3 that time period or the inquiry is unusually 

4 complex. 

5 ‘‘(iii) OPPORTUNITY FOR COMMENT; 

6 HEARING.—After making a preliminary de7 termination under subparagraph (A) and 

8 before issuing a final determination under 

9 this subparagraph with respect to whether 

10 covered merchandise was entered into the 

11 customs territory of the United States 

12 through evasion, the Commissioner shall— 

13 ‘‘(I) provide any person alleged 

14 to have entered the merchandise into 

15 the customs territory of the United 

16 States through evasion, and any per17 son that is an interested party with 

18 respect to the merchandise, with an 

19 opportunity to be heard; 

20 ‘‘(II) upon request, hold a hear21 ing with respect to whether the cov22 ered merchandise was entered into the 

23 customs territory of the United States 

24 through evasion; and 


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1 ‘‘(III) provide an opportunity for 

2 public comment. 

3 ‘‘(C) AUTHORITY TO COLLECT AND VERIFY

4 ADDITIONAL INFORMATION.—In making a pre5 liminary determination under subparagraph (A) 

6 or a final determination under subparagraph 

7 (B), the Commissioner— 

8 ‘‘(i) shall exercise all existing authori9 ties to collect information needed to make 

10 the determination; and 

11 ‘‘(ii) may collect such additional infor12 mation as is necessary to make the deter13 mination through such methods as the 

14 Commissioner considers appropriate, in15 cluding by— 

16 ‘‘(I) issuing a questionnaire with 

17 respect to covered merchandise to— 

18 ‘‘(aa) a person that filed a 

19 petition under paragraph (1)(B); 

20 ‘‘(bb) a person alleged to 

21 have entered covered merchan22 dise into the customs territory of 

23 the United States through eva24 sion; or 


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1 ‘‘(cc) any other person that 

2 is an interested party with re3 spect to the covered merchandise; 

4 or 

5 ‘‘(II) conducting verifications, in6 cluding on-site verifications, of any 

7 relevant information. 

8 ‘‘(D) ADVERSE INFERENCE.— 

9 ‘‘(i) IN GENERAL.—If the Commis10 sioner finds that a person that filed a peti11 tion under paragraph (1)(B), a person al12 leged to have entered covered merchandise 

13 into the customs territory of the United 

14 States through evasion, or a foreign pro15 ducer or exporter, has failed to cooperate 

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

17 ability to comply with a request for infor18 mation, the Commissioner may, in making 

19 a preliminary determination under sub20 paragraph (A) or a final determination 

21 under subparagraph (B), use an inference 

22 that is adverse to the interests of that per23 son in selecting from among the facts oth24 erwise available to determine whether eva25 sion has occurred. 


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1 ‘‘(ii) ADVERSE INFERENCE DE2 SCRIBED.—An adverse inference used 

3 under clause (i) may include reliance on in4 formation derived from— 

5 ‘‘(I) the petition, if any, sub6 mitted under paragraph (1)(B) with 

7 respect to the covered merchandise; 

8 ‘‘(II) a determination by the 

9 Commissioner in another investigation 

10 under this section; 

11 ‘‘(III) an investigation or review 

12 by the administering authority under 

13 title VII; or 

14 ‘‘(IV) any other information 

15 placed on the record. 

16 ‘‘(E) NOTIFICATION AND PUBLICATION.— 

17 Not later than 7 days after making a prelimi18 nary determination under subparagraph (A) or 

19 a final determination under subparagraph (B), 

20 the Commissioner shall— 

21 ‘‘(i) provide notification of the deter22 mination to— 

23 ‘‘(I) the administering authority; 

24 and 


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1 ‘‘(II) the person that submitted 

2 the petition under paragraph (1)(B) 

3 or the Federal agency that submitted 

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

5 and 

6 ‘‘(ii) provide the determination for 

7 publication in the Federal Register. 

8 ‘‘(3) BUSINESS PROPRIETARY INFORMATION.— 

9 ‘‘(A) ESTABLISHMENT OF PROCEDURES.— 

10 For each investigation initiated under para11 graph (1), the Commissioner shall establish 

12 procedures for the submission of business pro13 prietary information under an administrative 

14 protective order that— 

15 ‘‘(i) protects against public disclosure 

16 of such information; and 

17 ‘‘(ii) for purposes of submitting com18 ments to the Commissioner, provides lim19 ited access to such information for— 

20 ‘‘(I) the person that submitted 

21 the petition under paragraph (1)(B) 

22 or the Federal agency that submitted 

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

24 and 


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1 ‘‘(II) the person alleged to have 

2 entered covered merchandise into the 

3 customs territory of the United States 

4 through evasion. 

5 ‘‘(B) ADMINISTRATION IN ACCORDANCE

6 WITH OTHER PROCEDURES.—The procedures 

7 established under subparagraph (A) shall be ad8 ministered, to the maximum extent practicable, 

9 in accordance with administrative protective 

10 order procedures under section 777 by the ad11 ministering authority. 

12 ‘‘(C) DISCLOSURE OF BUSINESS PROPRI13 ETARY INFORMATION.—The Commissioner 

14 shall, in accordance with the procedures estab15 lished under subparagraph (A), make all busi16 ness proprietary information presented to, or 

17 obtained by, the Commissioner during an inves18 tigation available to the persons specified in 

19 subparagraph (A)(ii) under an administrative 

20 protective order, regardless of when such infor21 mation is submitted during an investigation. 

22 ‘‘(4) REFERRALS TO OTHER FEDERAL AGEN23 CIES.— 

24 ‘‘(A) AFTER PRELIMINARY DETERMINA25 TION.—Notwithstanding section 777 and subVerDate Mar 15 2010 04:19 Sep 28, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3057.IH H3057

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1 ject to subparagraph (C), when the Commis2 sioner makes an affirmative preliminary deter3 mination under paragraph (2)(A), the Commis4 sioner shall, at the request of the head of an5 other Federal agency, transmit the administra6 tive record to the head of that agency. 

7 ‘‘(B) AFTER FINAL DETERMINATION.— 

8 Notwithstanding section 777 and subject to 

9 subparagraph (C), when the Commissioner 

10 makes an affirmative final determination under 

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

12 the request of the head of another Federal 

13 agency, transmit the complete administrative 

14 record to the head of that agency. 

15 ‘‘(C) PROTECTIVE ORDERS.—Before trans16 mitting an administrative record to the head of 

17 another Federal agency under subparagraph 

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

19 the other agency has in effect with respect to 

20 the administrative record a protective order 

21 that provides the same or a similar level of pro22 tection for the information in the administrative 

23 record as the protective order in effect with re24 spect to such information under this subsection. 

25 ‘‘(c) EFFECT OF DETERMINATIONS.— 


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1 ‘‘(1) EFFECT OF AFFIRMATIVE PRELIMINARY

2 DETERMINATION.—If the Commissioner makes a 

3 preliminary determination in accordance with sub4 section (b)(2)(A) that there is a reasonable basis to 

5 believe or suspect that covered merchandise was en6 tered into the customs territory of the United States 

7 through evasion, the Commissioner shall— 

8 ‘‘(A) suspend the liquidation of each unliq9 uidated entry of the covered merchandise that 

10 is subject to the preliminary determination and 

11 that entered on or after the date of the initi12 ation of the investigation under paragraph (1) 

13 and, pursuant to the Commissioner’s authority 

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

15 unliquidated entry of the covered merchandise 

16 that is subject to the preliminary determination 

17 and that entered prior to the date of the initi18 ation of the investigation under paragraph (1); 

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

20 bond or other security the importer is required 

21 to post for each entry of merchandise described 

22 in subparagraph (A); 

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

24 with respect to each entry of merchandise de25 scribed in subparagraph (A); and 


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

2 Commissioner determines appropriate to ensure 

3 the collection of any duties that may be owed 

4 with respect to merchandise described in sub5 paragraph (A) as a result of a final determina6 tion under subsection (b)(2)(B). 

7 ‘‘(2) EFFECT OF NEGATIVE PRELIMINARY DE8 TERMINATION.—If the Commissioner makes a pre9 liminary determination in accordance with sub10 section (b)(2)(A) that there is not a reasonable basis 

11 to believe or suspect that covered merchandise was 

12 entered into the customs territory of the United 

13 States through evasion, the Commissioner shall con14 tinue the investigation and notify the administering 

15 authority pending a final determination under sub16 section (b)(2)(B). 

17 ‘‘(3) EFFECT OF AFFIRMATIVE FINAL DETER18 MINATION.—If the Commissioner makes a final de19 termination in accordance with subsection (b)(2)(B) 

20 that covered merchandise was entered into the cus21 toms territory of the United States through evasion, 

22 the Commissioner shall— 

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

24 the case may be, the liquidation of each entry 

25 of the covered merchandise that is subject to 


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1 the determination and that enters on or after 

2 the date of the determination and, pursuant to 

3 the Commissioner’s authority under section 

4 504(b), extend or continue to extend, as the 

5 case may be, the liquidation of each entry of 

6 the covered merchandise that is subject to the 

7 determination and that entered prior to the 

8 date of the determination; 

9 ‘‘(B) notify the administering authority of 

10 the determination and request that the admin11 istering authority— 

12 ‘‘(i) identify the applicable anti13 dumping or countervailing duty assessment 

14 rate for the entries for which liquidation is 

15 suspended under paragraph (1)(A) or sub16 paragraph (A) of this paragraph; or 

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

18 available at the time, identify the applica19 ble cash deposit rate to be applied to the 

20 entries described in subparagraph (A), 

21 with the applicable antidumping or coun22 tervailing duty assessment rates to be pro23 vided as soon as such rates become avail24 able; 


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

2 and assess duties on each entry of merchandise 

3 described in subparagraph (A) in accordance 

4 with the instructions received from the admin5 istering authority under paragraph (5); 

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

7 bond or other security the importer is required 

8 to post for merchandise described in subpara9 graph (A) to ensure the protection of revenue 

10 and compliance with the law; and 

11 ‘‘(E) take such additional enforcement 

12 measures as the Commissioner determines ap13 propriate, such as— 

14 ‘‘(i) initiating proceedings under sec15 tion 592 or 596; 

16 ‘‘(ii) implementing, in consultation 

17 with the relevant Federal agencies, rule 

18 sets or modifications to rules sets for iden19 tifying, particularly through the Auto20 mated Targeting System and the Auto21 mated Commercial Environment, import22 ers, other parties, and merchandise that 

23 may be associated with evasion; 

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1 peatedly provided incomplete or erroneous 

2 entry summary information in connection 

3 with determinations of evasion, the im4 porter to submit entry summary docu5 mentation and to deposit estimated duties 

6 at the time of entry; 

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

8 in part to U.S. Immigration and Customs 

9 Enforcement for civil or criminal investiga10 tion; and 

11 ‘‘(v) transmitting the administrative 

12 record to the administering authority for 

13 further appropriate proceedings. 

14 ‘‘(4) EFFECT OF NEGATIVE FINAL DETERMINA15 TION.—If the Commissioner makes a final deter16 mination in accordance with subsection (b)(2)(B) 

17 that covered merchandise was not entered into the 

18 customs territory of the United States through eva19 sion, the Commissioner shall terminate the suspen20 sion of liquidation pursuant to paragraph (1)(A) and 

21 refund any cash deposits collected pursuant to para22 graph (1)(C) that are in excess of the cash deposit 

23 rate that would otherwise have been applicable the 

24 merchandise. 


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1 ‘‘(5) COOPERATION OF ADMINISTERING AU2 THORITY.— 

3 ‘‘(A) IN GENERAL.—Upon receiving a noti4 fication from the Commissioner under para5 graph (3)(B), the administering authority shall 

6 promptly provide to the Commissioner the ap7 plicable cash deposit rates and antidumping or 

8 countervailing duty assessment rates and any 

9 necessary liquidation instructions. 

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

11 THE PRODUCER OR EXPORTER IS UNKNOWN.— 

12 If the Commissioner and administering author13 ity are unable to determine the producer or ex14 porter of the merchandise with respect to which 

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

16 the administering authority shall identify, as 

17 the applicable cash deposit rate or antidumping 

18 or countervailing duty assessment rate, the cash 

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

20 highest amount applicable to any producer or 

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

22 merchandise subject to an antidumping order or 

23 countervailing duty order under section 736 or 

24 706, respectively, or a finding issued under the 


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1 Antidumping Act, 1921, or any administrative 

2 review conducted under section 751. 

3 ‘‘(d) SPECIAL RULES.— 

4 ‘‘(1) EFFECT ON OTHER AUTHORITIES.—Nei5 ther the initiation of an investigation under sub6 section (b)(1) nor a preliminary determination or a 

7 final determination under subsection (b)(2) shall af8 fect the authority of the Commissioner— 

9 ‘‘(A) to pursue such other enforcement 

10 measures with respect to the evasion of anti11 dumping or countervailing duties as the Com12 missioner determines necessary, including en13 forcement measures described in clauses (i) 

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

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

16 applicable duties, taxes, and fees, including pur17 suant to section 592. 

18 ‘‘(2) EFFECT OF DETERMINATIONS ON FRAUD

19 ACTIONS.—Neither a preliminary determination nor 

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

21 be determinative in a proceeding under section 592. 

22 ‘‘(3) NEGLIGENCE OR INTENT.—The Commis23 sioner shall investigate and make a preliminary de24 termination or a final determination under this sec25 tion with respect to whether a person has entered 


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1 covered merchandise into the customs territory of 

2 the United States through evasion without regard to 

3 whether the person— 

4 ‘‘(A) intended to violate an antidumping 

5 duty order or countervailing duty order under 

6 section 736 or 706, respectively, or a finding 

7 issued under the Antidumping Act, 1921; or 

8 ‘‘(B) exercised reasonable care with respect 

9 to avoiding a violation of such an order or find10 ing.’’. 

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

12 777(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 

13 1677f(b)(1)(A)) is amended to read as follows: 

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

15 Customs and Border Protection who is di16 rectly involved in conducting an investiga17 tion regarding fraud under this title or 

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

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

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

21 (1) in subparagraph (A)— 

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

23 the end; 

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

25 end; and 


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1 (C) by inserting after clause (ii) the fol2 lowing: 

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

4 Federal Register of a determination de5 scribed in clause (ix) of subparagraph 

6 (B),’’; and 

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

8 the following new clause: 

9 ‘‘(ix) A determination by the Commis10 sioner responsible for U.S. Customs and 

11 Border Protection under section 516B that 

12 merchandise has been entered into the cus13 toms territory of the United States 

14 through evasion.’’. 

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

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

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

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

19 title VII that are reviewable’’. 

20 SEC. 102. APPLICATION TO CANADA AND MEXICO. 

21 Pursuant to article 1902 of the North American Free 

22 Trade Agreement and section 408 of the North American 

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

24 3438), the amendments made by this title shall apply with 

25 respect to goods from Canada and Mexico. 


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1 TITLE II—OTHER MATTERS 

2 SEC. 201. DEFINITIONS. 

3 In this title, the terms ‘‘appropriate congressional 

4 committees’’, ‘‘Commissioner’’, ‘‘covered merchandise’’, 

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

6 meanings given those terms in section 516B(a) of the Tar7 iff Act of 1930 (as added by section 101 of this Act). 

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

9 PROTECTION PERSONNEL. 

10 (a) REASSIGNMENT AND ALLOCATION.—The Com11 missioner shall, to the maximum extent possible, ensure 

12 that U.S. Customs and Border Protection— 

13 (1) employs sufficient personnel who have ex14 pertise in, and responsibility for, preventing the 

15 entry of covered merchandise into the customs terri16 tory of the United States through evasion; and 

17 (2) on the basis of risk assessment metrics, as18 signs sufficient personnel with primary responsibility 

19 for preventing the entry of covered merchandise into 

20 the customs territory of the United States through 

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

22 which the Commissioner determines potential eva23 sion presents the most substantial threats to the rev24 enue of the United States. 


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1 (b) COMMERCIAL ENFORCEMENT OFFICERS.—Not 

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

3 Secretary of Homeland Security, the Commissioner, and 

4 the Assistant Secretary for U.S. Immigration and Cus5 toms Enforcement shall assess and properly allocate the 

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

7 U.S. Immigration and Customs Enforcement— 

8 (1) to effectively implement the provisions of, 

9 and amendments made by, this Act; and 

10 (2) to improve efforts to investigate and combat 

11 evasion. 

12 SEC. 203. REGULATIONS. 

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

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

15 issue regulations to carry out this title and the amend16 ments made by title I. 

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

18 BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS

19 ENFORCEMENT, AND DEPARTMENT OF COMMERCE.—Not 

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

21 this Act, the Commissioner, the Assistant Secretary for 

22 U.S. Immigration and Customs Enforcement, and the Sec23 retary of Commerce shall establish procedures to ensure 

24 maximum cooperation and communication between U.S. 

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


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1 Customs Enforcement, and the Department of Commerce 

2 in order to quickly, efficiently, and accurately investigate 

3 allegations of evasion under section 516B of the Tariff 

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

5 SEC. 204. ANNUAL REPORT ON PREVENTION OF EVASION 

6 OF ANTIDUMPING AND COUNTERVAILING 

7 DUTY ORDERS. 

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

9 each year, beginning in 2012, the Commissioner, in con10 sultation with the Secretary of Commerce, shall submit to 

11 the appropriate congressional committees a report on the 

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

13 Act of 1930 (as added by section 101 of this Act) to pre14 vent the entry of covered merchandise into the customs 

15 territory of the United States through evasion. 

16 (b) CONTENTS.—Each report required under sub17 section (a) shall include— 

18 (1) for the fiscal year preceding the submission 

19 of the report— 

20 (A) the number and a brief description of 

21 petitions and referrals received pursuant to sec22 tion 516B(b)(1) of the Tariff Act of 1930 (as 

23 added by section 101 of this Act); 

24 (B) the results of the investigations initi25 ated under such section, including any related 


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1 enforcement actions, and the amount of anti2 dumping and countervailing duties collected as 

3 a result of those investigations; and 

4 (C) to the extent appropriate, a summary 

5 of the efforts of U.S. Customs and Border Pro6 tection, other than efforts initiated pursuant 

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

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

9 the entry of covered merchandise into the cus10 toms territory of the United States through 

11 evasion; and 

12 (2) for the 3 fiscal years preceding the submis13 sion of the report, an estimate of— 

14 (A) the amount of covered merchandise 

15 that entered the customs territory of the United 

16 States through evasion; and 

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

18 collected on such merchandise because the Com19 missioner did not have the authority to reliq20 uidate the entries of such merchandise. 

21 SEC. 205. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 

22 ON RELIQUIDATION AUTHORITY. 

23 Not later than 60 days after the date of the enact24 ment of this Act, the Comptroller General of the United 

25 States shall submit to the appropriate congressional comVerDate Mar 15 2010 04:19 Sep 28, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3057.IH H3057

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1 mittees, and make available to the public, a report esti2 mating the amount of duties that could not be collected 

3 on covered merchandise that entered the customs territory 

4 of the United States through evasion during fiscal years 

5 2009 and 2010 because the Commissioner did not have 

6 the authority to reliquidate the entries of such merchan7 dise. 

Æ 


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