‘‘(2) recover the costs of bringing the civil ac-
tion, including reasonable attorney’s fees. 
‘‘(c) INTERVENTION BY THE UNITED STATES.— 
‘‘(1) IN GENERAL.—The court shall permit the 
United States to intervene in an civil action brought 
under subsection (a), as a matter of right. The 
United States shall have all the rights of a party. 
‘‘(2) SHARING OF INFORMATION.—Upon a rea-
sonable request by the United States Government, 
any interested party that brings a civil action under 
subsection (a) shall provide to the United States 
Government— 
‘‘(A) a copy of the complaint; 
‘‘(B) any memoranda of law or briefing 
filed with a court in support of the complaint 
as of the date of the request; and 
‘‘(C) if the United States Government 
agrees to reimburse the interested party for all 
reasonable costs and expenses associated with 
responding to the request, any information ob-
tained by the interested party through discovery 
processes in the civil action as of the date of 
the request. 
‘‘(d) NULLIFICATION
OF
ORDER
IN
NATIONAL 
EMERGENCIES.—An order by a court under this section 
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is subject to nullification by the President under the au-
thority provided by section 203 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702). 
‘‘(e) INTERESTED PARTY DEFINED.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘interested party’ means— 
‘‘(A) a manufacturer, producer, or whole-
saler in the United States of like merchandise 
or competing merchandise; 
‘‘(B) a certified union or recognized union 
or group of workers that is representative of an 
industry engaged in the manufacture, produc-
tion, or wholesale in the United States of like 
merchandise or competing merchandise; or 
‘‘(C) a trade or business association a ma-
jority of the members of which manufacture, 
produce, or wholesale like merchandise or com-
peting merchandise in the United States. 
‘‘(2) COMPETING
MERCHANDISE.—For pur-
poses of paragraph (1), the term ‘competing mer-
chandise’ means merchandise that competes with or 
is a substitute for merchandise being imported into 
the United States in violation of section 592(a). 
‘‘(3) LIKE
MERCHANDISE.—For purposes of 
paragraph (1), the term ‘like merchandise’ means 
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merchandise that is like, or in the absence of like, 
most similar in characteristics and uses with, mer-
chandise being imported into the United States in 
violation of section 592(a).’’. 
SEC. 4. EXCLUSION OF PERSONS THAT HAVE COMMITTED 
FRAUDULENT OR GROSSLY NEGLIGENT VIO-
LATIONS OF UNITED STATES CUSTOMS LAWS 
FROM PARTICIPATION IN THE IMPORTER OF 
RECORD PROGRAM. 
Section 114 of the Trade Facilitation and Trade En-
forcement Act of 2015 (19 U.S.C. 4320) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsection (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) EXCLUSION.— 
‘‘(1) IN GENERAL.—The following persons shall 
be ineligible to participate in the importer of record 
program: 
‘‘(A) Any person determined by U.S. Cus-
toms and Border Protection or a court of com-
petent jurisdiction to have committed a fraudu-
lent or grossly negligent violation of section 
592(a) of the Tariff Act of 1930 (19 U.S.C. 
1592(a)). 
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‘‘(B) Any person that is an affiliated per-
son of a person described in subparagraph (A). 
‘‘(2) REVOCATION.—The Secretary shall revoke 
the importer of record number assigned to any per-
son under the importer of record program if the Sec-
retary subsequently determines that the person is a 
person described in subparagraph (A) or (B) of 
paragraph (1). 
‘‘(3) AFFILIATED PERSON DEFINED.— 
‘‘(A) IN
GENERAL.—For purposes para-
graph (1)(B), the term ‘affiliated person’ has 
the meaning given that term in section 771(33) 
of the Tariff Act of 1930 (19 U.S.C. 1677(33)). 
‘‘(B) DEEMED AFFILIATED PERSONS.—In 
order to prevent commercial fraud, protect the 
revenue, and help prevent the use of shell com-
panies by importers that seek to evade the cus-
toms and trade laws of the United States, a 
person may be deemed to be an affiliated per-
son for purposes of paragraph (1)(B) based 
upon information declared to U.S. Customs and 
Border Protection suggesting a formal or ongo-
ing relationship between that person and a per-
son described in paragraph (1)(A), including 
similarities in imported merchandise (including 
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article classification upon importation), common 
declared exporters and shippers, and historical 
import volumes.’’. 
Æ 
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