countervailing duties being reduced or not being ap-
plied with respect to the merchandise. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(8) TRADE REMEDY LAWS.—The term ‘‘trade 
remedy laws’’ means title VII of the Tariff Act of 
1930. 
SEC. 302. 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), this title and the amendments made by this title 
shall apply with respect to goods from Canada and Mexico. 
Subtitle A—Actions Relating to En-
forcement 
of 
Trade 
Remedy 
Laws 
SEC. 311. TRADE REMEDY LAW ENFORCEMENT DIVISION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish and maintain within the Of-
fice of International Trade of U.S. Customs and 
Border Protection, established under section 2(d) of 
the Act of March 3, 1927 (44 Stat. 1381, chapter 
348; 19 U.S.C. 2072(d)), a Trade Remedy Law En-
forcement Division. 
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(2) COMPOSITION.—The Trade Law Remedy 
Enforcement Division shall be composed of— 
(A) headquarters personnel led by a Direc-
tor, who shall report to the Assistant Commis-
sioner of the Office of International Trade; and 
(B) a National Targeting and Analysis 
Group dedicated to preventing and countering 
evasion. 
(3) DUTIES.—The Trade Remedy Law Enforce-
ment Division shall be dedicated— 
(A) to the development and administration 
of policies to prevent and counter evasion; 
(B) to direct enforcement and compliance 
assessment activities concerning evasion; 
(C) to the development and conduct of 
commercial risk assessment targeting with re-
spect to cargo destined for the United States in 
accordance with subsection (c); 
(D) to issuing Trade Alerts described in 
subsection (d); and 
(E) to the development of policies for the 
application of single entry and continuous 
bonds for entries of covered merchandise to suf-
ficiently protect the collection of antidumping 
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and countervailing duties commensurate with 
the level of risk of noncollection. 
(b) DUTIES OF DIRECTOR.—The duties of the Direc-
tor of the Trade Remedy Law Enforcement Division shall 
include— 
(1) directing the trade enforcement and compli-
ance assessment activities of U.S. Customs and Bor-
der Protection that concern evasion; 
(2) facilitating, promoting, and coordinating co-
operation and the exchange of information between 
U.S. Customs and Border Protection, U.S. Immigra-
tion and Customs Enforcement, and other relevant 
agencies regarding evasion; 
(3) notifying on a timely basis the admin-
istering authority (as defined in section 771(1) of 
the Tariff Act of 1930 (19 U.S.C. 1677(1))) and the 
Commission (as defined in section 771(2) of the 
Tariff Act of 1930 (19 U.S.C. 1677(2))) of any 
finding, determination, civil action, or criminal ac-
tion taken by U.S. Customs and Border Protection 
or other Federal agency regarding evasion; 
(4) serving as the primary liaison between U.S. 
Customs and Border Protection and the public re-
garding United States Government activities con-
cerning evasion, including— 
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(A) receive and transmit to the appropriate 
U.S. Customs and Border Protection office alle-
gations from parties of evasion; 
(B) upon request by the party or parties 
that submitted an allegation of evasion, provide 
information to such party or parties on the sta-
tus of U.S. Customs and Border Protection’s 
consideration of the allegation and decision to 
pursue or not pursue any administrative inquir-
ies or other actions, such as changes in policies, 
procedures, or resource allocation as a result of 
the allegation; 
(C) as needed, request from the party or 
parties that submitted an allegation of evasion 
any additional information that may be relevant 
for U.S. Customs and Border Protection deter-
mining whether to initiate an administrative in-
quiry or take any other action regarding the al-
legation; 
(D) notify on a timely basis the party or 
parties that submitted such an allegation of the 
results of any administrative, civil or criminal 
actions taken by U.S. Customs and Border Pro-
tection or other Federal agency regarding eva-
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sion as a direct or indirect result of the allega-
tion; 
(E) upon request, provide technical assist-
ance and advice to eligible small businesses to 
enable such businesses to prepare and submit 
allegations of evasion, except that the Director 
may deny assistance if the Director concludes 
that the allegation, if submitted, would not lead 
to the initiation of an administrative inquiry or 
any other action to address the allegation; 
(F) in cooperation with the public, the 
Commercial Customs Operations Advisory Com-
mittee, the Trade Support Network, and any 
other relevant parties and organizations, de-
velop guidelines on the types and nature of in-
formation that may be provided in allegations 
of evasion; and 
(G) regularly consult with the public, the 
Commercial Customs Operations Advisory Com-
mittee, the Trade Support Network, and any 
other relevant parties and organizations regard-
ing the development and implementation of reg-
ulations, interpretations, and policies related to 
countering evasion. 
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(c) PREVENTING AND COUNTERING EVASION OF THE 
TRADE REMEDY LAWS.—In carrying out its duties with 
respect to preventing and countering evasion, the National 
Targeting and Analysis Group dedicated to preventing and 
countering evasion shall— 
(1) establish targeted risk assessment meth-
odologies and standards— 
(A) for evaluating the risk that cargo des-
tined for the United States may constitute 
evading covered merchandise; and 
(B) for issuing, as appropriate, Trade 
Alerts described in subsection (d); and 
(2) to the extent practicable and otherwise au-
thorized by law, use information available from the 
Automated Commercial System, the Automated 
Commercial Environment computer system, the 
Automated Targeting System, the Automated Ex-
port System, the International Trade Data System, 
and the TECS, and any similar and successor sys-
tems, to administer the methodologies and standards 
established under paragraph (1). 
(d) TRADE ALERTS.—Based upon the application of 
the targeted risk assessment methodologies and standards 
established under subsection (c), the Director of the Trade 
Remedy Law Enforcement Division shall issue Trade 
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Alerts or other such means of notification to directors of 
United States ports of entry directing further inspection, 
physical examination, or testing of merchandise to ensure 
compliance with the trade remedy laws and to require ad-
ditional bonds, cash deposits, or other security to ensure 
collection of any duties, taxes and fees owed. 
SEC. 312. COLLECTION OF INFORMATION ON EVASION OF 
TRADE REMEDY LAWS. 
(a) AUTHORITY TO COLLECT INFORMATION.—To de-
termine whether covered merchandise is being entered into 
the customs territory of the United States through eva-
sion, the Secretary, acting through the Commissioner— 
(1) shall exercise all existing authorities to col-
lect information needed to make the determination; 
and 
(2) may collect such additional information as 
is necessary to make the determination through such 
methods as the Commissioner considers appropriate, 
including by issuing questionnaires with respect to 
the entry or entries at issue to— 
(A) a person who filed an allegation with 
respect to the covered merchandise; 
(B) a person who is alleged to have en-
tered the covered merchandise into the customs 
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territory of the United States through evasion; 
or 
(C) any other person who is determined to 
have information relevant to the allegation of 
entry of covered merchandise into the customs 
territory of the United States through evasion. 
(b) ADVERSE INFERENCE.— 
(1) IN GENERAL.—If the Secretary finds that a 
person who filed an allegation, a person alleged to 
have entered covered merchandise into the customs 
territory of the United States through evasion, or a 
foreign producer or exporter of covered merchandise 
that is alleged to have entered into the customs ter-
ritory of the United States through evasion, has 
failed to cooperate by not acting to the best of the 
person’s ability to comply with a request for infor-
mation, the Secretary may, in making a determina-
tion whether an entry or entries of covered merchan-
dise may constitute merchandise that is entered into 
the customs territory of the United States through 
evasion, use an inference that is adverse to the inter-
ests of that person in selecting from among the facts 
otherwise available to determine whether evasion has 
occurred. 
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(2) ADVERSE INFERENCE DESCRIBED.—An ad-
verse inference used under paragraph (1) may in-
clude reliance on information derived from— 
(A) the allegation of evasion of the trade 
remedy laws, if any, submitted to U.S. Customs 
and Border Protection; 
(B) a determination by the Commissioner 
in another investigation, proceeding, or other 
action regarding evasion of the unfair trade 
laws; or 
(C) any other available information. 
SEC. 313. ACCESS TO INFORMATION. 
(a) IN GENERAL.—Section 777(b)(1)(A)(ii) of the 
Tariff Act of 1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is 
amended by inserting ‘‘negligence, gross negligence, or’’ 
after ‘‘regarding’’. 
(b) ADDITIONAL
INFORMATION.—Notwithstanding 
any other provision of law, the Secretary is authorized to 
provide to the Secretary of Commerce or the United States 
International Trade Commission any information that is 
necessary to enable the Secretary of Commerce or the 
United States International Trade Commission to assist 
the Secretary to identify, through risk assessment tar-
geting or otherwise, covered merchandise that is entered 
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into the customs territory of the United States through 
evasion. 
SEC. 314. COOPERATION WITH FOREIGN COUNTRIES ON 
PREVENTING EVASION OF TRADE REMEDY 
LAWS. 
(a) BILATERAL AGREEMENTS.— 
(1) IN GENERAL.—The Secretary shall seek to 
negotiate and enter into bilateral agreements with 
the customs authorities or other appropriate authori-
ties of foreign countries for purposes of cooperation 
on preventing evasion of the trade remedy laws of 
the United States and the trade remedy laws of the 
other country. 
(2) PROVISIONS AND AUTHORITIES.—The Sec-
retary shall seek to include in each such bilateral 
agreement the following provisions and authorities: 
(A) On the request of the importing coun-
try, the exporting country shall provide, con-
sistent with its laws, regulations, and proce-
dures, production, trade, and transit documents 
and other information necessary to determine 
whether an entry or entries exported from the 
exporting country are subject to the importing 
country’s trade remedy laws. 
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(B) On the written request of the import-
ing country, the exporting country shall conduct 
a verification for purposes of enabling the im-
porting country to make a determination de-
scribed in subparagraph (A). 
(C) The exporting country may allow the 
importing 
country 
to 
participate 
in 
a 
verification described in subparagraph (B), in-
cluding through a site visit. 
(D) If the exporting country does not allow 
participation of the importing country in a 
verification described in subparagraph (B), the 
importing country may take this fact into con-
sideration in its trade enforcement and compli-
ance assessment activities regarding the compli-
ance of the exporting country’s exports with the 
importing country’s trade remedy laws. 
(b) CONSIDERATION.—The Commissioner is author-
ized to take into consideration whether a country is a sig-
natory to a bilateral agreement described in subsection (a) 
and the extent to which the country is cooperating under 
the bilateral agreement for purposes of trade enforcement 
and compliance assessment activities of U.S. Customs and 
Border Protection that concern evasion by such country’s 
exports. 
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(c) REPORT.—Not later than December 31 of each 
year beginning after the date of the enactment of this Act, 
the Secretary shall submit to the appropriate congres-
sional committees a report summarizing— 
(1) the status of any ongoing negotiations of bi-
lateral agreements described in subsection (a), in-
cluding the identities of the countries involved in 
such negotiations; 
(2) the terms of any completed bilateral agree-
ments described in subsection (a); and 
(3) bilateral cooperation and other activities 
conducted pursuant to or enabled by any completed 
bilateral agreements described in subsection (a). 
SEC. 315. TRADE NEGOTIATING OBJECTIVES. 
The principal negotiating objectives of the United 
States shall include obtaining the objectives of the bilat-
eral agreements described under section 314(a) for any 
trade agreements under negotiation as of the date of the 
enactment of this Act or future trade agreement negotia-
tions. 
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Subtitle B—Investigation of 
Evasion of Trade Remedy Laws 
SEC. 321. PROCEDURES FOR INVESTIGATION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
(a) IN GENERAL.—Title VII of the Tariff Act of 
1930 (19 U.S.C. 1671 et seq.) is amended by inserting 
after section 781 the following: 
‘‘SEC. 781A. PROCEDURES FOR PREVENTION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTERING
AUTHORITY.—The term 
‘administering authority’ has the meaning given that 
term in section 771. 
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of U.S. Customs 
and Border Protection. 
‘‘(3) COVERED MERCHANDISE.—The term ‘cov-
ered merchandise’ means merchandise that is subject 
to— 
‘‘(A) a countervailing duty order issued 
under section 706; or 
‘‘(B) an antidumping duty order issued 
under section 736. 
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‘‘(4) EVASION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘evasion’ refers to 
entering covered merchandise into the customs 
territory of the United States by means of any 
document or electronically transmitted data or 
information, written or oral statement, or act 
that is material and false, or any omission that 
is material, and that results in any cash deposit 
or other security or any amount of applicable 
antidumping or countervailing duties being re-
duced or not being applied with respect to the 
merchandise. 
‘‘(B) EXCEPTION FOR CLERICAL ERROR.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the term ‘evasion’ does 
not include entering covered merchandise 
into the customs territory of the United 
States by means of— 
‘‘(I) a document or electronically 
transmitted data or information, writ-
ten or oral statement, or act that is 
false as a result of a clerical error; or 
‘‘(II) an omission that results 
from a clerical error. 
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‘‘(ii) PATTERNS OF NEGLIGENT CON-
DUCT.—If the administering authority de-
termines that a person has entered covered 
merchandise into the customs territory of 
the United States by means of a clerical 
error referred to in subclause (I) or (II) of 
clause (i) and that the clerical error is part 
of a pattern of negligent conduct on the 
part of that person, the administering au-
thority may determine, notwithstanding 
clause (i), that the person has entered such 
covered merchandise into the customs ter-
ritory of the United States by means of 
evasion. 
‘‘(iii) ELECTRONIC
REPETITION
OF 
ERRORS.—For purposes of clause (ii), the 
mere unintentional repetition by an elec-
tronic system of an initial clerical error 
does not constitute a pattern of negligent 
conduct. 
‘‘(iv) RULE
OF
CONSTRUCTION.—A 
determination by the administering author-
ity that a person has entered covered mer-
chandise into the customs territory of the 
United States by means of a clerical error 
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referred to in subclause (I) or (II) of 
clause (i) rather than by means of evasion 
shall not be construed to excuse that per-
son from the payment of any duties appli-
cable to the merchandise. 
‘‘(b) INVESTIGATION BY ADMINISTERING AUTHOR-
ITY.— 
‘‘(1) PROCEDURES FOR INITIATING INVESTIGA-
TIONS.— 
‘‘(A) INITIATION BY ADMINISTERING AU-
THORITY.—An investigation under this sub-
section shall be initiated with respect to mer-
chandise imported into the United States when-
ever the administering authority determines, 
from information available to the administering 
authority, that an investigation is warranted 
with respect to whether the merchandise is cov-
ered merchandise that has entered into the cus-
toms territory of the United States by means of 
evasion. 
‘‘(B) INITIATION BY PETITION OR REFER-
RAL.— 
‘‘(i) IN GENERAL.—The administering 
authority shall determine whether to ini-
tiate an investigation under this subpara-
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graph not later than 30 days after the date 
on which the administering authority re-
ceives a petition described in clause (ii) or 
a referral described in clause (iii). 
‘‘(ii) PETITION DESCRIBED.—A peti-
tion described in this clause is a petition 
that— 
‘‘(I) is filed with the admin-
istering authority by an interested 
party specified in subparagraph (A), 
(C), (D), (E), (F), or (G) of section 
771(9); 
‘‘(II) alleges that merchandise 
imported into the United States is 
covered merchandise that has entered 
into the customs territory of the 
United States by means of evasion; 
and 
‘‘(III) is accompanied by infor-
mation reasonably available to the pe-
titioner supporting those allegations. 
‘‘(iii) REFERRAL DESCRIBED.—A re-
ferral described in this clause is a referral 
made by the Commissioner pursuant to 
subsection (c)(1). 
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‘‘(2) TIME LIMITS FOR DETERMINATIONS.— 
‘‘(A) PRELIMINARY DETERMINATION.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the administering authority ini-
tiates an investigation under paragraph (1) 
with respect to merchandise, the admin-
istering authority shall issue a preliminary 
determination, based on information avail-
able to the administering authority at the 
time of the determination, with respect to 
whether there is a reasonable basis to be-
lieve or suspect that the merchandise is 
covered merchandise that has entered into 
the customs territory of the United States 
by means of evasion. 
‘‘(ii) EXPEDITED
PROCEDURES.—If 
the administering authority determines 
that expedited action is warranted with re-
spect to an investigation initiated under 
paragraph (1), the administering authority 
may publish the notice of initiation of the 
investigation and the notice of the prelimi-
nary determination in the Federal Register 
at the same time. 
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‘‘(B) FINAL DETERMINATION BY THE AD-
MINISTERING AUTHORITY.—Not later than 300 
days after the date on which the administering 
authority initiates an investigation under para-
graph (1) with respect to merchandise, the ad-
ministering authority shall issue a final deter-
mination with respect to whether the merchan-
dise is covered merchandise that has entered 
into the customs territory of the United States 
by means of evasion. 
‘‘(3) ACCESS TO INFORMATION.— 
‘‘(A) ENTRY DOCUMENTS, RECORDS, AND 
OTHER INFORMATION.—Not later than 10 days 
after receiving a request from the administering 
authority with respect to merchandise that is 
the subject of an investigation under paragraph 
(1), the Commissioner shall transmit to the ad-
ministering authority copies of the documenta-
tion and information required by section 
484(a)(1) with respect to the entry of the mer-
chandise, as well as any other documentation or 
information requested by the administering au-
thority. 
‘‘(B) ACCESS OF INTERESTED PARTIES.— 
Not later than 10 business days after the date 
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on which the administering authority initiates 
an investigation under paragraph (1) with re-
spect to merchandise, the administering author-
ity shall provide to the authorized representa-
tive of each interested party that filed a petition 
under paragraph (1) or otherwise participates 
in a proceeding, pursuant to a protective order, 
the copies of the entry documentation and any 
other information received by the administering 
authority under subparagraph (A). 
‘‘(C) BUSINESS
PROPRIETARY
INFORMA-
TION FROM PRIOR SEGMENTS.—If an author-
ized representative of an interested party par-
ticipating in an investigation under paragraph 
(1) has access to business proprietary informa-
tion released pursuant to an administrative pro-
tective order in a proceeding under subtitle A, 
B, or C of title VII of the Tariff Act of 1930 
that is relevant to the investigation conducted 
under paragraph (1), that authorized represent-
ative may submit such information to the ad-
ministering authority for its consideration in 
the context of the investigation conducted under 
paragraph (1). 
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‘‘(4) AUTHORITY TO COLLECT AND VERIFY AD-
DITIONAL INFORMATION.—In making a determina-
tion under paragraph (2) with respect to covered 
merchandise, the administering authority may collect 
such additional information as is necessary to make 
the determination through such methods as the ad-
ministering authority considers appropriate, includ-
ing by— 
‘‘(A) issuing a questionnaire with respect 
to such covered merchandise to— 
‘‘(i) a person that filed an allegation 
under paragraph (1)(B)(ii) that resulted in 
the initiation of an investigation under 
paragraph (1)(A) with respect to such cov-
ered merchandise; 
‘‘(ii) a person alleged to have entered 
such covered merchandise into the customs 
territory of the United States by means of 
evasion; 
‘‘(iii) a person that is a foreign pro-
ducer or exporter of such covered merchan-
dise; or 
‘‘(iv) the government of a country 
from which such covered merchandise was 
exported; 
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‘‘(B) conducting verifications, including on- 
site verifications, of any relevant information; 
and 
‘‘(C) requesting— 
‘‘(i) that the Commissioner provide 
any information and data available to U.S. 
Customs and Border Protection; and 
‘‘(ii) that the Commissioner gather 
additional necessary information from the 
importer of covered merchandise and other 
relevant parties. 
‘‘(5) ADVERSE
INFERENCE.—If the admin-
istering authority finds that a person described in 
clause (i), (ii), or (iii) of paragraph (4)(A) has failed 
to cooperate by not acting to the best of the person’s 
ability to comply with a request for information, the 
administering authority may, in making a deter-
mination under paragraph (2), use an inference that 
is adverse to the interests of that person in selecting 
from among the facts otherwise available to make 
the determination. 
‘‘(6) EFFECT
OF
AFFIRMATIVE
PRELIMINARY 
DETERMINATION.—If the administering authority 
makes a preliminary determination under paragraph 
(2)(A) that merchandise is covered merchandise that 
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has entered into the customs territory of the United 
States by means of evasion, the administering au-
thority shall instruct U.S. Customs and Border Pro-
tection— 
‘‘(A) to suspend liquidation of each entry 
of the merchandise that— 
‘‘(i) enters on or after the date of the 
preliminary determination; or 
‘‘(ii) enters before that date, if the liq-
uidation of the entry is not final on that 
date; and 
‘‘(B) to require the posting of a cash de-
posit for each entry of the merchandise in an 
amount determined pursuant to the order, or 
administrative review conducted under section 
751, that applies to the merchandise. 
‘‘(7) EFFECT OF AFFIRMATIVE FINAL DETER-
MINATION.— 
‘‘(A) IN GENERAL.—If the administering 
authority makes a final determination under 
paragraph (2)(B) that merchandise is covered 
merchandise that has entered into the customs 
territory of the United States by means of eva-
sion, the administering authority shall instruct 
U.S. Customs and Border Protection— 
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‘‘(i) to assess duties on the merchan-
dise in an amount determined pursuant to 
the order, or administrative review con-
ducted under section 751, that applies to 
the merchandise; 
‘‘(ii) notwithstanding section 501, to 
reliquidate, in accordance with such order 
or administrative review, each entry of the 
merchandise that was liquidated and is de-
termined to include covered merchandise; 
and 
‘‘(iii) to review and reassess the 
amount of bond or other security the im-
porter is required to post for such mer-
chandise entered on or after the date of 
the final determination to ensure the pro-
tection of revenue and compliance with the 
law. 
‘‘(B) ADDITIONAL AUTHORITY.—If the ad-
ministering authority makes a final determina-
tion under paragraph (2)(B) that merchandise 
is covered merchandise that has entered into 
the customs territory of the United States by 
means of evasion, the administering authority 
may instruct U.S. Customs and Border Protec-
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tion to require the importer of the merchandise 
to post a cash deposit or bond on such mer-
chandise entered on or after the date of the 
final determination in an amount the admin-
istering authority determines in the final deter-
mination to be owed with respect to the mer-
chandise. 
‘‘(8) EFFECT OF NEGATIVE FINAL DETERMINA-
TION.—If the administering authority makes a final 
determination under paragraph (2)(B) that mer-
chandise is not covered merchandise that has en-
tered into the customs territory of the United States 
by means of evasion, the administering authority 
shall terminate the suspension of liquidation and re-
fund any cash deposit imposed pursuant to para-
graph (6) with respect to the merchandise. 
‘‘(9) NOTIFICATION.—Not later than 5 business 
days after making a determination under paragraph 
(2) with respect to covered merchandise, the admin-
istering authority may provide to importers, in such 
manner as the administering authority determines 
appropriate, information discovered in the investiga-
tion that the administering authority determines will 
help educate importers with respect to importing 
merchandise into the customs territory of the United 
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