139 
‘‘(ii) implementing, in consultation 
with the relevant Federal agencies, rule 
sets or modifications to rules sets for iden-
tifying, particularly through the Auto-
mated Targeting System and the Auto-
mated Commercial Environment, import-
ers, other parties, and merchandise that 
may be associated with evasion; 
‘‘(iii) requiring, with respect to mer-
chandise for which the importer has re-
peatedly provided incomplete or erroneous 
entry summary information in connection 
with determinations of evasion, the im-
porter to submit entry summary docu-
mentation and to deposit estimated duties 
at the time of entry; 
‘‘(iv) referring the record in whole or 
in part to U.S. Immigration and Customs 
Enforcement for civil or criminal investiga-
tion; and 
‘‘(v) transmitting the administrative 
record to the administering authority for 
further appropriate proceedings. 
‘‘(4) EFFECT OF NEGATIVE FINAL DETERMINA-
TION.—If the Commissioner makes a final deter-
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140 
mination in accordance with subsection (c)(2)(B) 
that covered merchandise was not entered into the 
customs territory of the United States through eva-
sion, the Commissioner shall terminate the suspen-
sion of liquidation pursuant to paragraph (1)(A) and 
refund any cash deposits collected pursuant to para-
graph (1)(C) that are in excess of the cash deposit 
rate that would otherwise have been applicable the 
merchandise. 
‘‘(5) COOPERATION
OF
ADMINISTERING
AU-
THORITY.— 
‘‘(A) IN GENERAL.—Upon receiving a noti-
fication from the Commissioner under para-
graph (3)(B), the administering authority shall 
promptly provide to the Commissioner the ap-
plicable cash deposit rates and antidumping or 
countervailing duty assessment rates and any 
necessary liquidation instructions. 
‘‘(B) SPECIAL RULE FOR CASES IN WHICH 
THE PRODUCER OR EXPORTER IS UNKNOWN.— 
If the Commissioner and administering author-
ity are unable to determine the producer or ex-
porter of the merchandise with respect to which 
a notification is made under paragraph (3)(B), 
the administering authority shall identify, as 
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141 
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. 
‘‘(e) SPECIAL RULES.— 
‘‘(1) EFFECT ON OTHER AUTHORITIES.—Nei-
ther the initiation of an investigation under sub-
section (c)(1) nor a preliminary determination or a 
final determination under subsection (c)(2) shall af-
fect the authority of the Commissioner— 
‘‘(A) to pursue such other enforcement 
measures with respect to the evasion of anti-
dumping or countervailing duties as the Com-
missioner determines necessary, including en-
forcement measures described in clauses (i) 
through (iv) of subsection (d)(3)(E); or 
‘‘(B) to assess any penalties or collect any 
applicable duties, taxes, and fees, including pur-
suant to section 592. 
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142 
‘‘(2) EFFECT OF DETERMINATIONS ON FRAUD 
ACTIONS.—Neither a preliminary determination nor 
a final determination under subsection (c)(2) shall 
be determinative in a proceeding under section 592. 
‘‘(3) NEGLIGENCE OR INTENT.—The Commis-
sioner shall investigate and make a preliminary de-
termination or a final determination under this sec-
tion with respect to whether a person has entered 
covered merchandise into the customs territory of 
the United States through evasion without regard to 
whether the person— 
‘‘(A) intended to violate an antidumping 
duty order or countervailing duty order under 
section 736 or 706, respectively, or a finding 
issued under the Antidumping Act, 1921; or 
‘‘(B) exercised reasonable care with respect 
to avoiding a violation of such an order or find-
ing.’’. 
(b) TECHNICAL AMENDMENT.—Clause (ii) of section 
777(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 
1677f(b)(1)(A)) is amended to read as follows: 
‘‘(ii) to an officer or employee of U.S. 
Customs and Border Protection who is di-
rectly involved in conducting an investiga-
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143 
tion regarding fraud under this title or 
claims of evasion under section 516B.’’. 
(c) JUDICIAL REVIEW.—Section 516A(a)(2) of the 
Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i)(III), by striking ‘‘or’’ at 
the end; 
(B) in clause (ii), by adding ‘‘or’’ at the 
end; and 
(C) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) the date of publication in the 
Federal Register of a determination de-
scribed in clause (ix) of subparagraph 
(B),’’; and 
(2) in subparagraph (B), by adding at the end 
the following new clause: 
‘‘(ix) A determination by the Commis-
sioner responsible for U.S. Customs and 
Border Protection under section 516B that 
merchandise has been entered into the cus-
toms territory of the United States 
through evasion.’’. 
(d) FINALITY OF DETERMINATIONS.—Section 514(b) 
of the Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended 
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