I 
113TH CONGRESS 
1ST SESSION 
H. R. 166 
To prevent the evasion of antidumping and countervailing duty orders, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2013 
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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