I 
114TH CONGRESS 
1ST SESSION H. R. 4196 
To amend the Tariff Act of 1930 to improve enforcement of the trade 
laws of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 9, 2015 
Mr. NOLAN introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To amend the Tariff Act of 1930 to improve enforcement 
of the trade laws of the United States, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trade Enforcement 
Improvement Act of 2015’’. 
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SEC. 2. MODIFICATION OF FACTORS CONSIDERED IN FINAL 
DETERMINATION IN ANTIDUMPING OR COUN-
TERVAILING DUTY INVESTIGATION IN CASE 
OF 
AN 
ALLEGATION 
OF 
CRITICAL 
CIR-
CUMSTANCES. 
(a) COUNTERVAILING DUTIES.—Clause (ii) of section 
705(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C. 
1671d(b)(4)(A)) is amended to read as follows: 
‘‘(ii) LIKELY TO SERIOUSLY UNDER-
MINE THE REMEDIAL EFFECT OF A COUN-
TERVAILING DUTY ORDER.— 
‘‘(I) IN GENERAL.—The Commis-
sion shall find under clause (i) that 
imports of subject merchandise sub-
ject to the affirmative determination 
under subsection (a)(2) are likely to 
undermine seriously the remedial ef-
fect of the countervailing duty order 
to be issued under section 706 if the 
Commission determines that imports 
of such merchandise after the filing of 
the petition under this subtitle sub-
stantially weaken the remedial effect 
of any subsequent countervailing duty 
order. 
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‘‘(II) FACTORS
IN
DETERMINA-
TION.—In making a determination 
under subclause (I) with respect to 
imports of subject merchandise de-
scribed in that subclause, the Com-
mission shall consider, based on the 
facts available, the following: 
‘‘(aa) An increase in the 
market share in the United 
States of imports of such mer-
chandise after the filing of the 
petition. 
‘‘(bb) An increase in under-
selling of the domestic like prod-
uct by imports of such merchan-
dise, in terms of frequency or 
magnitude, after the filing of the 
petition. 
‘‘(cc) A significant buildup 
of inventories of imports of such 
merchandise 
in 
the 
United 
States, whether held by United 
States importers, purchasers, or 
end users, after the filing of the 
petition. 
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‘‘(dd) A weakening of the in-
dustry of the domestic like prod-
uct after the filing of the peti-
tion. 
‘‘(ee) Any other circumstan-
ces indicating that, after the fil-
ing of the petition, imports of 
such merchandise substantially 
weaken the remedial effect of the 
countervailing duty order. 
‘‘(III) ASSESSMENT OF COMPETI-
TION.—The Commission shall con-
sider items (aa) through (ee) of sub-
clause (II) based on the particular 
conditions of competition in the rel-
evant industry. 
‘‘(IV) TIME PERIOD.—The period 
of time evaluated in making a deter-
mination under subclause (I) shall not 
include any period after the issuance 
of the preliminary determination by 
the administering authority under sec-
tion 703(b) with respect to the subject 
merchandise.’’. 
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(b) ANTIDUMPING DUTIES.—Clause (ii) of section 
735(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C. 
1673d(b)(4)(A)) is amended to read as follows: 
‘‘(ii) LIKELY TO SERIOUSLY UNDER-
MINE THE REMEDIAL EFFECT OF AN ANTI-
DUMPING DUTY ORDER.— 
‘‘(I) IN GENERAL.—The Commis-
sion shall find under clause (i) that 
imports of subject merchandise sub-
ject to the affirmative determination 
under subsection (a)(3) are likely to 
undermine seriously the remedial ef-
fect of the antidumping duty order to 
be issued under section 736 if the 
Commission determines that imports 
of such merchandise after the filing of 
the petition under this subtitle sub-
stantially weaken the remedial effect 
of any subsequent antidumping duty 
order. 
‘‘(II) FACTORS
IN
DETERMINA-
TION.—In making a determination 
under subclause (I) with respect to 
imports of subject merchandise de-
scribed in that subclause, the Com-
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mission shall consider, based on the 
facts available, the following: 
‘‘(aa) An increase in the 
market share in the United 
States of imports of such mer-
chandise after the filing of the 
petition. 
‘‘(bb) An increase in under-
selling of the domestic like prod-
uct by imports of such merchan-
dise, in terms of frequency or 
magnitude, after the filing of the 
petition. 
‘‘(cc) A significant buildup 
of inventories of imports of such 
merchandise 
in 
the 
United 
States, whether held by United 
States importers, purchasers, or 
end users, after the filing of the 
petition. 
‘‘(dd) A weakening of the in-
dustry of the domestic like prod-
uct after the filing of the peti-
tion. 
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‘‘(ee) Any other circumstan-
ces indicating that, after the fil-
ing of the petition, imports of 
such merchandise substantially 
weaken the remedial effect of the 
antidumping duty order. 
‘‘(III) ASSESSMENT OF COMPETI-
TION.—The Commission shall con-
sider items (aa) through (ee) of sub-
clause (II) based on the particular 
conditions of competition in the rel-
evant industry. 
‘‘(IV) TIME PERIOD.—The period 
of time evaluated in making a deter-
mination under subclause (I) shall not 
include any period after the issuance 
of the preliminary determination by 
the administering authority under sec-
tion 733(b) with respect to the subject 
merchandise.’’. 
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SEC. 3. MODIFICATION OF DETERMINATION OF THREAT OF 
MATERIAL INJURY BASED ON IMMINENT FU-
TURE IMPORTS IN ANTIDUMPING OR COUN-
TERVAILING DUTY INVESTIGATION. 
Section 771(7)(F) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)(F)) is amended by adding at the end the 
following: 
‘‘(iv) EFFECT OF IMMINENT FUTURE 
IMPORTS.— 
‘‘(I) IN
GENERAL.—Subject to 
subclauses (II) and (III), the Commis-
sion may determine under this sub-
paragraph that an industry in the 
United States is threatened with ma-
terial injury by reason of imports (or 
sales for importation) of the subject 
merchandise notwithstanding the re-
sults of an evaluation under subpara-
graph (C)(iii) with respect to the ef-
fect of imports of the subject mer-
chandise on that industry if the Com-
mission determines that imminent fu-
ture imports of the subject merchan-
dise will likely lead to a change of cir-
cumstances concerning the state of 
that industry. 
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‘‘(II) FUTURE PERFORMANCE ES-
TIMATE.—The Commission shall de-
termine under this subparagraph that 
an industry in the United States is 
threatened with material injury if the 
performance of that industry is likely 
to be materially worse than it would 
have been in the absence of the likely 
volume of imports of subject merchan-
dise in the imminent future. 
‘‘(III) FOREIGN PROJECTIONS.— 
With respect to considering economic 
factors described in clause (i)(II), in a 
case in which production capacity in 
or exports to the United States from 
the exporting country are projected by 
foreign producers to decline in the im-
minent future and such projection is 
contrary to information examined by 
the Commission in the investigation, 
such projection shall require verifica-
tion or independent corroboration be-
fore being considered under this sub-
paragraph.’’. 
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SEC. 4. PREVENTION OF DUTY EVASION THROUGH IDENTI-
FICATION OF PERSONS AND COUNTRIES RE-
SPONSIBLE FOR VIOLATIONS OF THE CUS-
TOMS LAWS. 
(a) IDENTIFICATION
OF CERTAIN PERSONS WHO 
VIOLATE THE CUSTOMS LAWS.— 
(1) IN GENERAL.—The Secretary may publish 
semiannually in the Federal Register a list of any 
producer, manufacturer, supplier, seller, exporter, or 
other person located outside the customs territory of 
the United States to which the Commissioner has 
issued a penalty claim under section 592(b)(2) of 
the Tariff Act of 1930 (19 U.S.C. 1592(b)(2)) citing 
any of the violations of the customs laws described 
in paragraph (3). 
(2) EFFECT OF PETITION FOR REMISSION OR 
MITIGATION.—If a person to which a penalty claim 
described in paragraph (1) is issued files a petition 
for remission or mitigation under section 618 of that 
Act (19 U.S.C. 1618) with respect to the penalty 
claim, the Secretary may not include the person on 
a list published under paragraph (1) until a final de-
termination is made under such section 618. 
(3) VIOLATIONS.— 
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lently labeled as to country of origin or 
source. 
(iv) Engaging in practices that aid or 
abet the transshipment, through a country 
other than the country of origin, of goods 
described in subparagraph (B), in a man-
ner that conceals the true origin of the 
goods or permits the evasion of quotas or 
duties on, or voluntary restraint agree-
ments with respect to, imports of the 
goods. 
(B) GOODS DESCRIBED.—Goods described 
in this subparagraph are— 
(i) textile or apparel goods; or 
(ii) goods subject to antidumping or 
countervailing duty orders under title VII 
of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.). 
(4) REMOVAL
FROM
LIST.—Any person in-
cluded on a list published under paragraph (1) may 
petition the Secretary to be removed from the list. 
If the Secretary finds that the person has not com-
mitted any violations of the customs laws described 
in paragraph (3) for a period of not less than 3 
years after the date on which the person was in-
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cluded on the list, the Secretary shall remove the 
person from the list as of the next publication of the 
list under paragraph (1). 
(5) REASONABLE CARE REQUIRED FOR SUBSE-
QUENT IMPORTS.— 
(A) RESPONSIBILITY OF IMPORTERS AND 
OTHERS.—After a person has been included on 
a list published under paragraph (1), the Sec-
retary shall require any importer of record en-
tering, introducing, or attempting to introduce 
into the commerce of the United States any 
goods described in paragraph (3)(B) that were 
either directly or indirectly produced, manufac-
tured, supplied, sold, exported, or transported 
by the person on the list to show, to the satis-
faction of the Secretary, that such importer has 
exercised reasonable care to ensure that those 
goods are accompanied by documentation, pack-
aging, and labeling that are accurate as to the 
origin of those goods. Such reasonable care 
shall not include reliance solely on information 
provided by the person on the list. 
(B) FAILURE TO EXERCISE REASONABLE 
CARE.—If the Commissioner determines that an 
imported good is not from the country claimed 
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on the documentation accompanying the good, 
the failure to exercise reasonable care described 
in subparagraph (A) shall be considered when 
the Commissioner determines whether the im-
porter of record is in violation of section 484(a) 
of the Tariff Act of 1930 (19 U.S.C. 1484(a)) 
or regulations issued under that section. 
(b) IDENTIFICATION OF HIGH-RISK COUNTRIES.— 
(1) IN GENERAL.—The President may publish 
annually in the Federal Register a list of coun-
tries— 
(A) in which illegal activities have occurred 
involving transshipped goods or activities de-
signed to evade quotas or duties of the United 
States on goods; and 
(B) the governments of which fail to dem-
onstrate a good faith effort to cooperate with 
United States authorities in ceasing such activi-
ties. 
(2) REMOVAL FROM LIST.—Any country that is 
on the list published under paragraph (1) that sub-
sequently demonstrates a good faith effort to cooper-
ate with United States authorities in ceasing activi-
ties described in that paragraph shall be removed 
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from the list, and such removal shall be published in 
the Federal Register as soon as practicable. 
(3) REASONABLE CARE REQUIRED FOR SUBSE-
QUENT IMPORTS.— 
(A) RESPONSIBILITY
OF
IMPORTERS
OF 
RECORD.—The Secretary of Homeland Security 
shall require any importer of record entering, 
introducing, or attempting to introduce into the 
commerce of the United States goods indicated, 
on the documentation, packaging, or labeling 
accompanying such goods, to be from any coun-
try on the list published under paragraph (1) to 
show, to the satisfaction of the Secretary, that 
the importer, consignee, or purchaser has exer-
cised reasonable care to identify the true coun-
try of origin of the good. 
(B) FAILURE TO EXERCISE REASONABLE 
CARE.—If the Commissioner determines that a 
good described in subparagraph (A) is not from 
the country claimed on the documentation ac-
companying the good, the failure to exercise 
reasonable care under that subparagraph shall 
be considered when the Commissioner deter-
mines whether the importer of record is in vio-
lation of section 484(a) of the Tariff Act of 
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1930 (19 U.S.C. 1484(a)) or regulations issued 
under that section. 
(c) DEFINITIONS.—In this section: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner responsible for 
U.S. Customs and Border Protection. 
(2) COUNTRY.—The term ‘‘country’’ means a 
foreign country or territory, including any overseas 
dependent territory or possession of a foreign coun-
try. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
Æ 
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