115 
(q) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall— 
(A) take effect on the date of the enact-
ment of this Act; and 
(B) except as provided in paragraphs 
(2)(B) and (3), apply to drawback claims filed 
on or after the date that is 2 years after such 
date of enactment. 
(2) REPORTING
OF
OPERABILITY
OF
AUTO-
MATED COMMERCIAL ENVIRONMENT COMPUTER SYS-
TEM.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, and 
not later than 2 years after such date of enact-
ment, the Secretary of the Treasury shall sub-
mit to Congress a report on— 
(i) the date on which the Automated 
Commercial Environment will be ready to 
process drawback claims; and 
(ii) the date on which the Automated 
Export System will be ready to accept 
proof of exportation under subsection (i) of 
section 313 of the Tariff Act of 1930, as 
amended by subsection (d). 
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(B) DELAY OF EFFECTIVE DATE.—If the 
Secretary indicates in the report required by 
subparagraph (A) that the Automated Commer-
cial Environment will not be ready to process 
drawback claims by the date that is 2 years 
after the date of the enactment of this Act, the 
amendments made by this section shall apply to 
drawback claims filed on and after the date on 
which the Secretary certifies that the Auto-
mated Commercial Environment is ready to 
process drawback claims. 
(3) TRANSITION
RULE.—During the one-year 
period beginning on the date that is 2 years after 
the date of the enactment of this Act (or, if later, 
the effective date provided for in paragraph (2)(B)), 
a person may elect to file a claim for drawback 
under— 
(A) section 313 of the Tariff Act of 1930, 
as amended by this section; or 
(B) section 313 of the Tariff Act of 1930, 
as in effect on the day before the date of the 
enactment of this Act. 
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SEC. 407. ELIMINATION OF CONSUMPTIVE DEMAND EXCEP-
TION TO PROHIBITION ON IMPORTATION OF 
GOODS 
MADE 
WITH 
CONVICT 
LABOR, 
FORCED LABOR, OR INDENTURED LABOR; RE-
PORT. 
(a) ELIMINATION OF CONSUMPTIVE DEMAND EX-
CEPTION.— 
(1) IN GENERAL.—Section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307) is amended by strik-
ing ‘‘The provisions of this section’’ and all that fol-
lows through ‘‘of the United States.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date that 
is 15 days after the date of the enactment of this 
Act. 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, and annually 
thereafter, the Commissioner of U.S. Customs and Border 
Protection shall submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the 
House of Representatives a report on compliance with sec-
tion 307 of the Tariff Act of 1930 (19 U.S.C. 1307) that 
includes the following: 
(1) The number of instances in which merchan-
dise was denied entry pursuant to that section dur-
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ing the 1-year period preceding the submission of 
the report. 
(2) A description of the merchandise denied 
entry pursuant to that section. 
(3) Such other information as the Commis-
sioner considers appropriate with respect to moni-
toring and enforcing compliance with that section. 
TITLE V—PREVENTION OF EVA-
SION OF ANTIDUMPING AND 
COUNTERVAILING DUTY OR-
DERS 
Subtitle A—Actions Relating to En-
forcement 
of 
Trade 
Remedy 
Laws 
SEC. 501. PREVENTION AND INVESTIGATION OF EVASION. 
(a) IN GENERAL.—The Tariff Act of 1930 is amend-
ed by inserting after section 516A (19 U.S.C. 1516a) the 
following: 
‘‘SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF 
EVASION OF ANTIDUMPING AND COUNTER-
VAILING DUTY ORDERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTERING
AUTHORITY.—The term 
‘administering authority’ has the meaning given that 
term in section 771(1). 
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‘‘(2) 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. 
‘‘(3) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner responsible for U.S. 
Customs and Border Protection. 
‘‘(4) COVERED MERCHANDISE.—The term ‘cov-
ered merchandise’ means merchandise that is subject 
to— 
‘‘(A) a countervailing duty order issued 
under section 706 of the Tariff Act of 1930; 
‘‘(B) an antidumping duty order issued 
under section 736 of the Tariff Act of 1930; or 
‘‘(C) a finding issued under the Anti-
dumping Act, 1921. 
‘‘(5) ELIGIBLE SMALL BUSINESS.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
small business’ means any business concern 
which, in the Commissioner’s judgment, due to 
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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 311(b)(3) is not reviewable by any other 
agency or by any court. 
‘‘(6) 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. 
‘‘(7) 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 
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. 
‘‘(8) INTERESTED
PARTY.—The term ‘inter-
ested party’ has the meaning given the term in sec-
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tion 771(9) (other than subparagraph (A) or (B) of 
such section). 
‘‘(9) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Treasury. 
‘‘(10) TRADE REMEDY LAWS.—The term ‘trade 
remedy laws’ means title VII of the Tariff Act of 
1930. 
‘‘(b) TRADE REMEDY LAW ENFORCEMENT DIVI-
SION.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall establish and maintain 
within the Office 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 Enforcement 
Division. 
‘‘(B) 
COMPOSITION.—The 
Trade 
Law 
Remedy Enforcement Division shall be com-
posed of— 
‘‘(i) headquarters personnel led by a 
Director, who shall report to the Assistant 
Commissioner of the Office of Inter-
national Trade; and 
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‘‘(ii) a National Targeting and Anal-
ysis Group dedicated to preventing and 
countering evasion. 
‘‘(C) DUTIES.—The Trade Remedy Law 
Enforcement Division shall be dedicated— 
‘‘(i) to the development and adminis-
tration of policies to prevent and counter 
evasion; 
‘‘(ii) to direct enforcement and com-
pliance assessment activities concerning 
evasion; 
‘‘(iii) to the development and conduct 
of commercial risk assessment targeting 
with respect to cargo destined for the 
United States in accordance with para-
graph (3); 
‘‘(iv) to issuing Trade Alerts described 
in paragraph (4); and 
‘‘(v) to the development of policies for 
the application of single entry and contin-
uous bonds for entries of covered merchan-
dise to sufficiently protect the collection of 
antidumping and countervailing duties 
commensurate with the level of risk of non-
collection. 
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‘‘(2) DUTIES OF DIRECTOR.—The duties of the 
Director of the Trade Remedy Law Enforcement Di-
vision shall include— 
‘‘(A) directing the trade enforcement and 
compliance assessment activities of U.S. Cus-
toms and Border Protection that concern eva-
sion; 
‘‘(B) facilitating, promoting, and coordi-
nating cooperation and the exchange of infor-
mation between U.S. Customs and Border Pro-
tection, U.S. Immigration and Customs En-
forcement, and other relevant agencies regard-
ing evasion; 
‘‘(C) notifying on a timely basis the admin-
istering authority (as defined in section 771(1)) 
and the Commission (as defined in section 
771(2)) of any finding, determination, civil ac-
tion, or criminal action taken by U.S. Customs 
and Border Protection or other Federal agency 
regarding evasion; 
‘‘(D) serving as the primary liaison be-
tween U.S. Customs and Border Protection and 
the public regarding United States Government 
activities concerning evasion, including— 
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‘‘(i) establish and administer the pro-
cedures described in subsection (c); 
‘‘(ii) upon request, provide technical 
assistance and advice to eligible small busi-
nesses to enable such businesses to prepare 
and submit allegations of evasion; and 
‘‘(iii) regularly consult with the public, 
the Commercial Customs Operations Advi-
sory Committee, the Trade Support Net-
work, and any other relevant parties and 
organizations regarding the development 
and implementation of regulations, inter-
pretations, and policies related to coun-
tering evasion. 
‘‘(3) 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— 
‘‘(A) establish targeted risk assessment 
methodologies and standards— 
‘‘(i) for evaluating the risk that cargo 
destined for the United States may con-
stitute evading covered merchandise; and 
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‘‘(ii) for issuing, as appropriate, 
Trade Alerts described in paragraph (4); 
and 
‘‘(B) to the extent practicable and other-
wise authorized by law, use information avail-
able from the Automated Commercial System, 
the Automated Commercial Environment com-
puter system, the Automated Targeting System, 
the Automated Export System, the Inter-
national Trade Data System, and the Treasury 
Enforcement Communications System, and any 
successor systems, to administer the methodolo-
gies and standards established under subpara-
graph (A). 
‘‘(4) TRADE ALERTS.—Based upon the applica-
tion of the targeted risk assessment methodologies 
and standards established under paragraph (3), the 
Director of the Trade Remedy Law Enforcement Di-
vision shall issue Trade Alerts or other such means 
of notification to directors of United States ports of 
entry directing further inspection, or physical exam-
ination or testing, of specific merchandise to ensure 
compliance with the trade remedy laws. 
‘‘(c) PROCEDURES
FOR INVESTIGATING ALLEGA-
TIONS OF EVASION.— 
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‘‘(1) INITIATION BY PETITION OR REFERRAL.— 
‘‘(A) IN
GENERAL.—Not later than 10 
days after the date on which the Commissioner 
receives a petition described in subparagraph 
(B) or a referral described in subparagraph (C), 
the Commissioner shall initiate an investigation 
pursuant to this paragraph. 
‘‘(B) PETITION
DESCRIBED.—A petition 
described in this subparagraph is a petition 
that— 
‘‘(i) is filed with the Commissioner by 
any party who is an interested party with 
respect to covered merchandise; 
‘‘(ii) alleges that a person has entered 
covered merchandise into the customs ter-
ritory of the United States through eva-
sion; and 
‘‘(iii) is accompanied by information 
reasonably available to the petitioner sup-
porting the allegation. 
‘‘(C) REFERRAL
DESCRIBED.—A referral 
described in this subparagraph is information 
submitted to the Commissioner by any other 
Federal agency, including the Department of 
Commerce or the United States International 
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Trade Commission, indicating that a person has 
entered covered merchandise into the customs 
territory of the United States through evasion. 
‘‘(2) DETERMINATIONS.— 
‘‘(A) PRELIMINARY DETERMINATION.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date on which the Commis-
sioner initiates an investigation under 
paragraph (1), the Commissioner shall 
issue a preliminary determination, based 
on information available to the Commis-
sioner at the time of the determination, 
with respect to whether there is a reason-
able basis to believe or suspect that the 
covered merchandise was entered into the 
customs territory of the United States 
through evasion. 
‘‘(ii) EXTENSION.—The Commissioner 
may extend by not more than 45 days the 
time period specified in clause (i) if the 
Commissioner determines that sufficient 
information to make a preliminary deter-
mination under that clause is not available 
within that time period or the inquiry is 
unusually complex. 
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‘‘(B) FINAL DETERMINATION.— 
‘‘(i) IN
GENERAL.—Not later than 
120 days after making a preliminary deter-
mination under subparagraph (A), the 
Commissioner shall make a final deter-
mination, based on substantial evidence, 
with respect to whether covered merchan-
dise was entered into the customs territory 
of the United States through evasion. 
‘‘(ii) EXTENSION.—The Commissioner 
may extend by not more than 60 days the 
time period specified in clause (i) if the 
Commissioner determines that sufficient 
information to make a final determination 
under that clause is not available within 
that time period or the inquiry is unusually 
complex. 
‘‘(iii) OPPORTUNITY
FOR
COMMENT; 
HEARING.—After making a preliminary de-
termination under subparagraph (A) and 
before issuing a final determination under 
this subparagraph with respect to whether 
covered merchandise was entered into the 
customs territory of the United States 
through evasion, the Commissioner shall— 
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‘‘(I) provide any person alleged 
to have entered the merchandise into 
the customs territory of the United 
States through evasion, and any per-
son that is an interested party with 
respect to the merchandise, with an 
opportunity to be heard; 
‘‘(II) upon request, hold a hear-
ing with respect to whether the cov-
ered merchandise was entered into the 
customs territory of the United States 
through evasion; and 
‘‘(III) provide an opportunity for 
public comment. 
‘‘(C) AUTHORITY TO COLLECT AND VERIFY 
ADDITIONAL INFORMATION.—In making a pre-
liminary determination under subparagraph (A) 
or a final determination under subparagraph 
(B), the Commissioner— 
‘‘(i) shall exercise all existing authori-
ties to collect information needed to make 
the determination; and 
‘‘(ii) may collect such additional infor-
mation as is necessary to make the deter-
mination through such methods as the 
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Commissioner considers appropriate, in-
cluding by— 
‘‘(I) issuing a questionnaire with 
respect to covered merchandise to— 
‘‘(aa) a person that filed a 
petition under paragraph (1)(B); 
‘‘(bb) a person alleged to 
have entered covered merchan-
dise into the customs territory of 
the United States through eva-
sion; or 
‘‘(cc) any other person that 
is an interested party with re-
spect to the covered merchandise; 
or 
‘‘(II) conducting verifications, in-
cluding on-site verifications, of any 
relevant information. 
‘‘(D) ADVERSE INFERENCE.— 
‘‘(i) IN
GENERAL.—If the Commis-
sioner finds that a person that filed a peti-
tion under paragraph (1)(B), a person al-
leged to have entered covered merchandise 
into the customs territory of the United 
States through evasion, or a foreign pro-
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ducer or exporter, has failed to cooperate 
by not acting to the best of the person’s 
ability to comply with a request for infor-
mation, the Commissioner may, in making 
a preliminary determination under sub-
paragraph (A) or a final determination 
under subparagraph (B), use an inference 
that is adverse to the interests of that per-
son in selecting from among the facts oth-
erwise available to determine whether eva-
sion has occurred. 
‘‘(ii) 
ADVERSE
INFERENCE
DE-
SCRIBED.—An 
adverse 
inference 
used 
under clause (i) may include reliance on in-
formation derived from— 
‘‘(I) the petition, if any, sub-
mitted under paragraph (1)(B) with 
respect to the covered merchandise; 
‘‘(II) a determination by the 
Commissioner in another investigation 
under this section; 
‘‘(III) an investigation or review 
by the administering authority under 
title VII; or 
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‘‘(IV) 
any 
other 
information 
placed on the record. 
‘‘(E) NOTIFICATION AND PUBLICATION.— 
Not later than 7 days after making a prelimi-
nary determination under subparagraph (A) or 
a final determination under subparagraph (B), 
the Commissioner shall— 
‘‘(i) provide notification of the deter-
mination to— 
‘‘(I) the administering authority; 
and 
‘‘(II) the person that submitted 
the petition under paragraph (1)(B) 
or the Federal agency that submitted 
the referral under paragraph (1)(C); 
and 
‘‘(ii) provide the determination for 
publication in the Federal Register. 
‘‘(3) BUSINESS PROPRIETARY INFORMATION.— 
‘‘(A) ESTABLISHMENT OF PROCEDURES.— 
For each investigation initiated under para-
graph (1), the Commissioner shall establish 
procedures for the submission of business pro-
prietary information under an administrative 
protective order that— 
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