I 
112TH CONGRESS 
2D SESSION 
H. R. 5708 
To prevent the evasion of antidumping and countervailing duty orders, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2012 
Mr. BOUSTANY (for himself and Mr. RICHMOND) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To prevent the evasion of antidumping and countervailing 
duty orders, 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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Preventing Recurring Trade Evasion and Circumvention 
Act’’ or ‘‘PROTECT Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Definitions. 
Sec. 3. Application to Canada and Mexico. 
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TITLE I—ACTIONS RELATING TO ENFORCEMENT OF TRADE 
REMEDY LAWS 
Sec. 101. Trade Remedy Law Enforcement Division. 
Sec. 102. Collection of information on evasion of trade remedy laws. 
Sec. 103. Access to information. 
Sec. 104. Cooperation with foreign countries on preventing evasion of trade 
remedy laws. 
Sec. 105. Trade negotiating objectives. 
TITLE II—OTHER MATTERS 
Sec. 201. Allocation and training of personnel. 
Sec. 202. Annual report on prevention of evasion of antidumping and counter-
vailing duty orders. 
Sec. 203. Addressing circumvention by new shippers. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Finance and the 
Committee on Appropriations of the Senate; 
and 
(B) the Committee on Ways and Means 
and the Committee on Appropriations of the 
House of Representatives. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner responsible for 
U.S. Customs and Border Protection. 
(3) COVERED MERCHANDISE.—The term ‘‘cov-
ered merchandise’’ means merchandise that is sub-
ject to— 
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(A) a countervailing duty order issued 
under section 706 of the Tariff Act of 1930; or 
(B) an antidumping duty order issued 
under section 736 of the Tariff Act of 1930. 
(4) ELIGIBLE SMALL BUSINESS.— 
(A) IN
GENERAL.—The term ‘‘eligible 
small business’’ means any business concern 
which, in the Commissioner’s judgment, due to 
its small size, has neither adequate internal re-
sources nor financial ability to obtain qualified 
outside assistance in preparing and submitting 
for consideration allegations of evasion. 
(B) 
NON-REVIEWABILITY.—Any 
agency 
decision regarding whether a business concern 
is an eligible small business for purposes of sec-
tion 101(b)(3) is not reviewable by any other 
agency or by any court. 
(5) ENTER; ENTRY.—The terms ‘‘enter’’ and 
‘‘entry’’ refer to the entry, or withdrawal from ware-
house for consumption, in the customs territory of 
the United States. 
(6) EVADE; EVASION.—The terms ‘‘evade’’ and 
‘‘evasion’’ refer to entering covered merchandise into 
the customs territory of the United States by means 
of any document or electronically transmitted data 
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or information, written or oral statement, or act that 
is material and false, or any omission that is mate-
rial, and that results in any cash deposit or other se-
curity or any amount of applicable antidumping or 
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. 3. 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 Act and the amendments made by this Act 
shall apply with respect to goods from Canada and Mexico. 
TITLE I—ACTIONS RELATING TO 
ENFORCEMENT 
OF 
TRADE 
REMEDY LAWS 
SEC. 101. 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 
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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. 
(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 
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(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 
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; 
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(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— 
(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 investigations or 
other actions, such as changes in policies, pro-
cedures, 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 investigation or 
take any other action regarding the allegation; 
(D) notify on a timely basis the party or 
parties that submitted such an allegation of the 
results of any civil or criminal actions taken by 
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U.S. Customs and Border Protection or other 
Federal agency regarding evasion as a direct or 
indirect result of the allegation; 
(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 investigation or any other 
action to address the allegation; 
(F) in cooperation with the public, the Ad-
visory Committee on Commercial Operations of 
the United States Customs Service, the Trade 
Support Network and any other relevant parties 
and organizations, develop guidelines on the 
types and nature of information that may be 
provided in allegations of evasion; and 
(G) regularly consult with the public, the 
Advisory Committee on Commercial Operations 
of the United States Customs Service, the 
Trade Support Network, and any other relevant 
parties and organizations regarding the develop-
ment and implementation of regulations, inter-
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pretations, and policies related to countering 
evasion. 
(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 Entry 
System, the International Trade Data System, and 
the Treasury Enforcement Communications System, 
and any successor systems, to administer the meth-
odologies and standards established under paragraph 
(1). 
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(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 
Alerts or other such means of notification to directors of 
United States ports of entry directing further inspection, 
or physical examination or testing, of specific merchandise 
to ensure compliance with the trade remedy laws. 
(e) DEFINITIONS.—In this section— 
(1) the term ‘‘Advisory Committee on Commer-
cial Operations of the United States Customs Serv-
ice’’ means the Advisory Committee established 
under section 9503(c) of the Omnibus Budget Rec-
onciliation Act of 1987 (19 U.S.C. 2071 note); and 
(2) the term ‘‘Trade Support Network’’ means 
the network of private sector entities that provide 
input on the design and development of moderniza-
tion projects of U.S. Customs and Border Protec-
tion. 
(f) USE OF TRADE DATA FOR COMMERCIAL EN-
FORCEMENT PURPOSES.—Section 343(a)(3) of the Trade 
Act of 2002 (19 U.S.C. 2071 note) is amended— 
(1) by striking subparagraph (F); and 
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(2) 
by 
redesignating 
subparagraphs 
(G) 
through (L) as subparagraphs (F) through (K), re-
spectively. 
SEC. 102. 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 
territory of the United States through evasion; 
or 
(C) any other person who is determined to 
have information relevant to the allegation of 
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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. 
(2) ADVERSE INFERENCE DESCRIBED.—An ad-
verse inference used under paragraph (1) may in-
clude reliance on information derived from— 
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(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. 103. ACCESS TO INFORMATION. 
(a) IN GENERAL.—Section 777(b)(1)(A)(ii) of the 
Trade 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 U.S. Inter-
national Trade Commission any information that is nec-
essary to enable the Secretary of Commerce or the U.S. 
International Trade Commission to assist the Secretary 
to identify, through risk assessment targeting or other-
wise, covered merchandise that is entered into the customs 
territory of the United States through evasion. 
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SEC. 104. 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 party, 
the exporting party shall provide, consistent 
with its laws, regulations, and procedures, pro-
duction, trade, and transit documents and other 
information necessary to determine whether an 
entry or entries exported from the exporting 
party are subject to the importing party’s trade 
remedy laws. 
(B) On the written request of the import-
ing party, the exporting party shall conduct a 
verification for purposes of enabling the import-
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ing party to make a determination described in 
subparagraph (A). 
(C) The exporting party may allow the im-
porting party to participate in a verification de-
scribed in subparagraph (B), including through 
a site visit. 
(D) If the exporting party does not allow 
participation of the importing party in a 
verification described in subparagraph (B), the 
importing party may take this fact into consid-
eration in its trade enforcement and compliance 
assessment activities regarding the compliance 
of the exporting countries’ exports with the im-
porting countries’ 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. 
(c) REPORT.—Not later than December 31 of each 
year beginning after the date of the enactment of this Act, 
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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. 105. TRADE NEGOTIATING OBJECTIVES. 
The principal negotiating objectives of the United 
States shall include obtaining the objectives of the bilat-
eral agreements described under section 104(a) for any 
trade agreements under negotiation as of the date of the 
enactment of this Act or future trade agreement negotia-
tions. 
TITLE II—OTHER MATTERS 
SEC. 201. ALLOCATION AND TRAINING OF PERSONNEL. 
The Commissioner shall, to the maximum extent pos-
sible, 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 
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customs territory of the United States through eva-
sion; 
(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. 
SEC. 202. 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 2013, 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-
mittees a report on the efforts being taken to prevent and 
investigate evasion. 
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(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; 
(F) a description of the allocation of per-
sonnel and other resources of U.S. Customs and 
Border Protection and U.S. Immigration and 
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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; 
(D) a description of the development and 
implementation of policies for the application of 
single entry and continuous bonds for entries of 
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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. 203. 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: 
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‘‘(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 
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; 
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‘‘(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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