133 
‘‘(i) protects against public disclosure 
of such information; and 
‘‘(ii) for purposes of submitting com-
ments to the Commissioner, provides lim-
ited access to such information for— 
‘‘(I) the person that submitted 
the petition under paragraph (1)(B) 
or the Federal agency that submitted 
the referral under paragraph (1)(C); 
and 
‘‘(II) the person alleged to have 
entered covered merchandise into the 
customs territory of the United States 
through evasion. 
‘‘(B) ADMINISTRATION
IN
ACCORDANCE 
WITH
OTHER
PROCEDURES.—The procedures 
established under subparagraph (A) shall be ad-
ministered, to the maximum extent practicable, 
in accordance with administrative protective 
order procedures under section 777 by the ad-
ministering authority. 
‘‘(C) DISCLOSURE OF BUSINESS PROPRI-
ETARY
INFORMATION.—The 
Commissioner 
shall, in accordance with the procedures estab-
lished under subparagraph (A), make all busi-
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134 
ness proprietary information presented to, or 
obtained by, the Commissioner during an inves-
tigation available to the persons specified in 
subparagraph (A)(ii) under an administrative 
protective order, regardless of when such infor-
mation is submitted during an investigation. 
‘‘(4) REFERRALS TO OTHER FEDERAL AGEN-
CIES.— 
‘‘(A) AFTER
PRELIMINARY
DETERMINA-
TION.—Notwithstanding section 777 and sub-
ject to subparagraph (C), when the Commis-
sioner makes an affirmative preliminary deter-
mination under paragraph (2)(A), the Commis-
sioner shall, at the request of the head of an-
other Federal agency, transmit the administra-
tive record to the head of that agency. 
‘‘(B) AFTER
FINAL
DETERMINATION.— 
Notwithstanding section 777 and subject to 
subparagraph (C), when the Commissioner 
makes an affirmative final determination under 
paragraph (2)(B), the Commissioner shall, at 
the request of the head of another Federal 
agency, transmit the complete administrative 
record to the head of that agency. 
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135 
‘‘(C) PROTECTIVE ORDERS.—Before trans-
mitting an administrative record to the head of 
another Federal agency under subparagraph 
(A) or (B), the Commissioner shall verify that 
the other agency has in effect with respect to 
the administrative record a protective order 
that provides the same or a similar level of pro-
tection for the information in the administrative 
record as the protective order in effect with re-
spect to such information under this subsection. 
‘‘(d) EFFECT OF DETERMINATIONS.— 
‘‘(1) EFFECT
OF
AFFIRMATIVE
PRELIMINARY 
DETERMINATION.—If the Commissioner makes a 
preliminary determination in accordance with sub-
section (c)(2)(A) that there is a reasonable basis to 
believe or suspect that covered merchandise was en-
tered into the customs territory of the United States 
through evasion, the Commissioner shall— 
‘‘(A) suspend the liquidation of each unliq-
uidated entry of the covered merchandise that 
is subject to the preliminary determination and 
that entered on or after the date of the initi-
ation of the investigation under paragraph (1) 
and, pursuant to the Commissioner’s authority 
under section 504(b), extend liquidation of each 
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unliquidated entry of the covered merchandise 
that is subject to the preliminary determination 
and that entered prior to the date of the initi-
ation of the investigation under paragraph (1); 
‘‘(B) review and reassess the amount of 
bond or other security the importer is required 
to post for each entry of merchandise described 
in subparagraph (A); 
‘‘(C) require the posting of a cash deposit 
with respect to each entry of merchandise de-
scribed in subparagraph (A); and 
‘‘(D) take such other measures as the 
Commissioner determines appropriate to ensure 
the collection of any duties that may be owed 
with respect to merchandise described in sub-
paragraph (A) as a result of a final determina-
tion under subsection (c)(2)(B). 
‘‘(2) EFFECT OF NEGATIVE PRELIMINARY DE-
TERMINATION.—If the Commissioner makes a pre-
liminary determination in accordance with sub-
section (c)(2)(A) that there is not a reasonable basis 
to believe or suspect that covered merchandise was 
entered into the customs territory of the United 
States through evasion, the Commissioner shall con-
tinue the investigation and notify the administering 
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authority pending a final determination under sub-
section (c)(2)(B). 
‘‘(3) EFFECT OF AFFIRMATIVE FINAL DETER-
MINATION.—If the Commissioner makes a final de-
termination in accordance with subsection (c)(2)(B) 
that covered merchandise was entered into the cus-
toms territory of the United States through evasion, 
the Commissioner shall— 
‘‘(A) suspend or continue to suspend, as 
the case may be, the liquidation of each entry 
of the covered merchandise that is subject to 
the determination and that enters on or after 
the date of the determination and, pursuant to 
the Commissioner’s authority under section 
504(b), extend or continue to extend, as the 
case may be, the liquidation of each entry of 
the covered merchandise that is subject to the 
determination and that entered prior to the 
date of the determination; 
‘‘(B) notify the administering authority of 
the determination and request that the admin-
istering authority— 
‘‘(i) identify the applicable anti-
dumping or countervailing duty assessment 
rate for the entries for which liquidation is 
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suspended under paragraph (1)(A) or sub-
paragraph (A) of this paragraph; or 
‘‘(ii) if no such assessment rates are 
available at the time, identify the applica-
ble cash deposit rate to be applied to the 
entries described in subparagraph (A), 
with the applicable antidumping or coun-
tervailing duty assessment rates to be pro-
vided as soon as such rates become avail-
able; 
‘‘(C) require the posting of cash deposits 
and assess duties on each entry of merchandise 
described in subparagraph (A) in accordance 
with the instructions received from the admin-
istering authority under paragraph (5); 
‘‘(D) review and reassess the amount of 
bond or other security the importer is required 
to post for merchandise described in subpara-
graph (A) to ensure the protection of revenue 
and compliance with the law; and 
‘‘(E) take such additional enforcement 
measures as the Commissioner determines ap-
propriate, such as— 
‘‘(i) initiating proceedings under sec-
tion 592 or 596; 
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