144 
by striking ‘‘section 303’’ and all that follows through 
‘‘which are reviewable’’ and inserting ‘‘section 516B or 
title VII that are reviewable’’. 
SEC. 502. APPLICATION TO CANADA AND MEXICO. 
Pursuant to article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
Free Trade Agreement Implementation Act (19 U.S.C. 
3438), the amendments made by this title shall apply with 
respect to goods from Canada and Mexico. 
Subtitle B—Other Matters 
SEC. 511. DEFINITIONS. 
In this subtitle, the terms ‘‘appropriate congressional 
committees’’, ‘‘Commissioner’’, ‘‘covered merchandise’’, 
‘‘enter’’ and ‘‘entry’’, and ‘‘evade’’ and ‘‘evasion’’ have the 
meanings given those terms in section 516B(a) of the Tar-
iff Act of 1930 (as added by section 501(a) of this Act). 
SEC. 512. ALLOCATION AND TRAINING OF PERSONNEL. 
(a) REASSIGNMENT AND ALLOCATION.—The Com-
missioner shall, to the maximum extent possible, ensure 
that U.S. Customs and Border Protection— 
(1) employs sufficient personnel who have ex-
pertise in, and responsibility for, preventing and in-
vestigating the entry of covered merchandise into the 
customs territory of the United States through eva-
sion; 
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(2) on the basis of risk assessment metrics, as-
signs sufficient personnel with primary responsibility 
for preventing the entry of covered merchandise into 
the customs territory of the United States through 
evasion to the ports of entry in the United States at 
which the Commissioner determines potential eva-
sion presents the most substantial threats to the rev-
enue of the United States; and 
(3) provides adequate training to relevant per-
sonnel to increase expertise and effectiveness in the 
prevention and investigation of entries of covered 
merchandise into the customs territory of the United 
States through evasion. 
(b) COMMERCIAL ENFORCEMENT OFFICERS.—Not 
later than 30 days after the enactment of this Act, the 
Secretary of Homeland Security, the Commissioner, and 
the Assistant Secretary for U.S. Immigration and Cus-
toms Enforcement shall assess and properly allocate the 
resources of U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforcement— 
(1) to effectively implement the provisions of, 
and amendments made by, this Act; and 
(2) to improve efforts to investigate and combat 
evasion. 
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SEC. 513. REGULATIONS. 
(a) IN GENERAL.—Not later than 240 days after the 
date of the enactment of this Act, the Commissioner shall 
issue regulations to carry out this title and the amend-
ments made by this title. 
(b) COOPERATION BETWEEN U.S. CUSTOMS
AND 
BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS 
ENFORCEMENT, AND DEPARTMENT OF COMMERCE.—Not 
later than 240 days after the date of the enactment of 
this Act, the Commissioner, the Assistant Secretary for 
U.S. Immigration and Customs Enforcement, and the Sec-
retary of Commerce shall establish procedures to ensure 
maximum cooperation and communication between U.S. 
Customs and Border Protection, U.S. Immigration and 
Customs Enforcement, and the Department of Commerce 
in order to quickly, efficiently, and accurately investigate 
allegations of evasion under section 516B of the Tariff 
Act of 1930 (as added by section 501(a) of this Act). 
SEC. 514. ANNUAL REPORT ON PREVENTION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
(a) IN GENERAL.—Not later than February 28 of 
each year, beginning in 2016, the Commissioner, in con-
sultation with the Secretary of Commerce and the Assist-
ant Secretary for U.S. Immigration and Customs Enforce-
ment, shall submit to the appropriate congressional com-
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mittees a report on the efforts being taken to prevent and 
investigate evasion. 
(b) CONTENTS.—Each report required under sub-
section (a) shall include— 
(1) for the calendar year preceding the submis-
sion of the report— 
(A) a summary of the efforts of U.S. Cus-
toms and Border Protection to prevent and in-
vestigate evasion; 
(B) the number of allegations of evasion 
received and the number of allegations of eva-
sion resulting in investigations by U.S. Customs 
and Border Protection or any other agency; 
(C) a summary of the completed investiga-
tions of evasion, including the number and na-
ture of the investigations initiated, conducted, 
or completed, as well as their resolution; 
(D) with respect to investigations that lead 
to lead to issuance of a penalty notice, the pen-
alty amounts; 
(E) the amounts of antidumping and coun-
tervailing duties collected as a result of any in-
vestigations or other actions by U.S. Customs 
and Border Protection or any other agency; 
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(F) a description of the allocation of per-
sonnel and other resources of U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement to prevent and investiga-
tion evasion, including any assessments con-
ducted regarding the allocation of such per-
sonnel and resources; and 
(G) a description of training conducted to 
increase expertise and effectiveness in the pre-
vention and investigation of evasion; and 
(2) a description of U.S. Customs and Border 
Protection processes and procedures to prevent and 
investigate evasion, including— 
(A) the specific guidelines, policies, and 
practices used by U.S. Customs and Border 
Protection to ensure that allegations of evasion 
are promptly evaluated and acted upon in a 
timely manner; 
(B) an evaluation of the efficacy of such 
existing guidelines, policies, and practices; 
(C) identification of any changes since the 
last report that have materially improved or re-
duced the effectiveness of U.S. Customs and 
Border Protection to prevent and investigate 
evasion; 
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(D) a description of the development and 
implementation of policies for the application of 
single entry and continuous bonds for entries of 
covered merchandise to sufficiently protect the 
collection of antidumping and countervailing 
duties commensurate with the level of risk on 
noncollection; 
(E) the processes and procedures for in-
creased cooperation and information sharing 
with the Department of Commerce, U.S. Immi-
gration and Customs Enforcement, and any 
other relevant Federal agencies to prevent and 
investigate evasion; and 
(F) identification of any recommended pol-
icy changes of other Federal agencies or legisla-
tive changes to improve the effectiveness of 
U.S. Customs and Border Protection to prevent 
and investigate evasion. 
SEC. 515. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 
ON RELIQUIDATION AUTHORITY. 
Not later than 60 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional com-
mittees, and make available to the public, a report esti-
mating the amount of duties that could not be collected 
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on covered merchandise that entered the customs territory 
of the United States through evasion during fiscal years 
2014 and 2015 because the Commissioner did not have 
the authority to reliquidate the entries of such merchan-
dise. 
SEC. 516. ADDRESSING CIRCUMVENTION BY NEW SHIP-
PERS. 
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(2)(B)) is amended— 
(1) by striking clause (iii); 
(2) by redesignating clause (iv) as clause (iii); 
and 
(3) inserting after clause (iii), as redesignated 
by paragraph (2) of this section, the following: 
‘‘(iv) Any weighted average dumping 
margin or individual countervailing duty 
rate determined for an exporter or pro-
ducer in a review conducted under clause 
(i) shall be based solely on the bona fide 
United States sales of an exporter or pro-
ducer, as the case may be, made during 
the period covered by the review. In deter-
mining whether the United States sales of 
an exporter or producer made during the 
period covered by the review were bona 
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fide, the administering authority shall con-
sider, depending on the circumstances sur-
rounding such sales— 
‘‘(I) the prices of such sales; 
‘‘(II) whether such sales were 
made in commercial quantities; 
‘‘(III) the timing of such sales; 
‘‘(IV) the expenses arising from 
such sales; 
‘‘(V) whether the subject mer-
chandise involved in such sales were 
resold in the United States at a prof-
it; 
‘‘(VI) whether such sales were 
made on an arms-length basis; and 
‘‘(VII) any other factor the ad-
ministering authority determines to be 
relevant as to whether such sales are, 
or are not, likely to be typical of those 
the exporter or producer will make 
after completion of the review.’’. 
Æ 
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