103 
‘‘(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 of U.S. Customs 
and Border Protection Agency. 
‘‘(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 
its small size, has neither adequate internal re-
sources nor financial ability to obtain qualified 
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104 
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-
tion 771(9) (other than subparagraph (A) or (B) of 
such section). 
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105 
‘‘(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 Agency, estab-
lished 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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106 
‘‘(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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107 
‘‘(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 the U.S. 
Customs and Border Protection Agency that 
concern evasion; 
‘‘(B) facilitating, promoting, and coordi-
nating cooperation and the exchange of infor-
mation between the U.S. Customs and Border 
Protection Agency, U.S. Immigration and Cus-
toms Enforcement, and other relevant agencies 
regarding evasion; 
‘‘(C) 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 action taken by the U.S. 
Customs and Border Protection Agency or 
other Federal agency regarding evasion; 
‘‘(D) serving as the primary liaison be-
tween the U.S. Customs and Border Protection 
Agency and the public regarding United States 
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108 
Government activities concerning evasion, in-
cluding— 
‘‘(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— 
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109 
‘‘(i) for evaluating the risk that cargo 
destined for the United States may con-
stitute evading covered merchandise; and 
‘‘(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-
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110 
ination or testing, of specific merchandise to ensure 
compliance with the trade remedy laws. 
‘‘(5) SINGLE ENTRY BOND.—The Secretary of 
the Treasury shall require a single entry bond, in 
addition to any continuous bond, in any case in 
which the Secretary has a reasonable belief, based 
on evidence, that merchandise— 
‘‘(A) may be subject to an order issued 
under section 706 or section 736; and 
‘‘(B) is being entered into the United 
States by means of evasion. 
The bond shall be set at an amount the Secretary 
determines sufficient to protect revenue and to en-
sure compliance with the law, regulations, and in-
structions that the Secretary is authorized to en-
force. 
‘‘(c) PROCEDURES
FOR INVESTIGATING ALLEGA-
TIONS OF EVASION.— 
‘‘(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. 
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111 
‘‘(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 
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-
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112 
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. 
‘‘(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-
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113 
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— 
‘‘(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; 
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114 
‘‘(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 
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); 
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115 
‘‘(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-
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 
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116 
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 
‘‘(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— 
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117 
‘‘(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— 
‘‘(i) protects against public disclosure 
of such information; and 
‘‘(ii) for purposes of submitting com-
ments to the Commissioner, provides lim-
ited access to such information for— 
‘‘(I) the person that submitted 
the petition under paragraph (1)(B) 
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118 
or the Federal agency that submitted 
the referral under paragraph (1)(C); 
and 
‘‘(II) the person alleged to have 
entered covered merchandise into the 
customs territory of the United States 
through evasion. 
‘‘(B) ADMINISTRATION
IN
ACCORDANCE 
WITH
OTHER
PROCEDURES.—The procedures 
established under subparagraph (A) shall be ad-
ministered, to the maximum extent practicable, 
in accordance with administrative protective 
order procedures under section 777 by the ad-
ministering authority. 
‘‘(C) DISCLOSURE OF BUSINESS PROPRI-
ETARY
INFORMATION.—The 
Commissioner 
shall, in accordance with the procedures estab-
lished under subparagraph (A), make all busi-
ness proprietary information presented to, or 
obtained by, the Commissioner during an inves-
tigation available to the persons specified in 
subparagraph (A)(ii) under an administrative 
protective order, regardless of when such infor-
mation is submitted during an investigation. 
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119 
‘‘(4) REFERRALS TO OTHER FEDERAL AGEN-
CIES.— 
‘‘(A) AFTER
PRELIMINARY
DETERMINA-
TION.—Notwithstanding section 777 and sub-
ject to subparagraph (C), when the Commis-
sioner makes an affirmative preliminary deter-
mination under paragraph (2)(A), the Commis-
sioner shall, at the request of the head of an-
other Federal agency, transmit the administra-
tive record to the head of that agency. 
‘‘(B) AFTER
FINAL
DETERMINATION.— 
Notwithstanding section 777 and subject to 
subparagraph (C), when the Commissioner 
makes an affirmative final determination under 
paragraph (2)(B), the Commissioner shall, at 
the request of the head of another Federal 
agency, transmit the complete administrative 
record to the head of that agency. 
‘‘(C) PROTECTIVE ORDERS.—Before trans-
mitting an administrative record to the head of 
another Federal agency under subparagraph 
(A) or (B), the Commissioner shall verify that 
the other agency has in effect with respect to 
the administrative record a protective order 
that provides the same or a similar level of pro-
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120 
tection for the information in the administrative 
record as the protective order in effect with re-
spect to such information under this subsection. 
‘‘(d) EFFECT OF DETERMINATIONS.— 
‘‘(1) EFFECT
OF
AFFIRMATIVE
PRELIMINARY 
DETERMINATION.—If the Commissioner makes a 
preliminary determination in accordance with sub-
section (c)(2)(A) that there is a reasonable basis to 
believe or suspect that covered merchandise was en-
tered into the customs territory of the United States 
through evasion, the Commissioner shall— 
‘‘(A) suspend the liquidation of each unliq-
uidated entry of the covered merchandise that 
is subject to the preliminary determination and 
that entered on or after the date of the initi-
ation of the investigation under paragraph (1) 
and, pursuant to the Commissioner’s authority 
under section 504(b), extend liquidation of each 
unliquidated entry of the covered merchandise 
that is subject to the preliminary determination 
and that entered prior to the date of the initi-
ation of the investigation under paragraph (1); 
‘‘(B) review and reassess the amount of 
bond or other security the importer is required 
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121 
to post for each entry of merchandise described 
in subparagraph (A); 
‘‘(C) require the posting of a cash deposit 
with respect to each entry of merchandise de-
scribed in subparagraph (A); and 
‘‘(D) take such other measures as the 
Commissioner determines appropriate to ensure 
the collection of any duties that may be owed 
with respect to merchandise described in sub-
paragraph (A) as a result of a final determina-
tion under subsection (c)(2)(B). 
‘‘(2) EFFECT OF NEGATIVE PRELIMINARY DE-
TERMINATION.—If the Commissioner makes a pre-
liminary determination in accordance with sub-
section (c)(2)(A) that there is not a reasonable basis 
to believe or suspect that covered merchandise was 
entered into the customs territory of the United 
States through evasion, the Commissioner shall con-
tinue the investigation and notify the administering 
authority pending a final determination under sub-
section (c)(2)(B). 
‘‘(3) EFFECT OF AFFIRMATIVE FINAL DETER-
MINATION.—If the Commissioner makes a final de-
termination in accordance with subsection (c)(2)(B) 
that covered merchandise was entered into the cus-
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123 
with the applicable antidumping or coun-
tervailing duty assessment rates to be pro-
vided as soon as such rates become avail-
able; 
‘‘(C) require the posting of cash deposits 
and assess duties on each entry of merchandise 
described in subparagraph (A) in accordance 
with the instructions received from the admin-
istering authority under paragraph (5); 
‘‘(D) review and reassess the amount of 
bond or other security the importer is required 
to post for merchandise described in subpara-
graph (A) to ensure the protection of revenue 
and compliance with the law; and 
‘‘(E) take such additional enforcement 
measures as the Commissioner determines ap-
propriate, such as— 
‘‘(i) initiating proceedings under sec-
tion 592 or 596; 
‘‘(ii) implementing, in consultation 
with the relevant Federal agencies, rule 
sets or modifications to rules sets for iden-
tifying, particularly through the Auto-
mated Targeting System and the Auto-
mated Commercial Environment, import-
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124 
ers, other parties, and merchandise that 
may be associated with evasion; 
‘‘(iii) requiring, with respect to mer-
chandise for which the importer has re-
peatedly provided incomplete or erroneous 
entry summary information in connection 
with determinations of evasion, the im-
porter to submit entry summary docu-
mentation and to deposit estimated duties 
at the time of entry; 
‘‘(iv) referring the record in whole or 
in part to U.S. Immigration and Customs 
Enforcement for civil or criminal investiga-
tion; and 
‘‘(v) transmitting the administrative 
record to the administering authority for 
further appropriate proceedings. 
‘‘(4) EFFECT OF NEGATIVE FINAL DETERMINA-
TION.—If the Commissioner makes a final deter-
mination in accordance with subsection (c)(2)(B) 
that covered merchandise was not entered into the 
customs territory of the United States through eva-
sion, the Commissioner shall terminate the suspen-
sion of liquidation pursuant to paragraph (1)(A) and 
refund any cash deposits collected pursuant to para-
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125 
graph (1)(C) that are in excess of the cash deposit 
rate that would otherwise have been applicable the 
merchandise. 
‘‘(5) COOPERATION
OF
ADMINISTERING
AU-
THORITY.— 
‘‘(A) IN GENERAL.—Upon receiving a noti-
fication from the Commissioner under para-
graph (3)(B), the administering authority shall 
promptly provide to the Commissioner the ap-
plicable cash deposit rates and antidumping or 
countervailing duty assessment rates and any 
necessary liquidation instructions. 
‘‘(B) SPECIAL RULE FOR CASES IN WHICH 
THE PRODUCER OR EXPORTER IS UNKNOWN.— 
If the Commissioner and administering author-
ity are unable to determine the producer or ex-
porter of the merchandise with respect to which 
a notification is made under paragraph (3)(B), 
the administering authority shall identify, as 
the applicable cash deposit rate or antidumping 
or countervailing duty assessment rate, the cash 
deposit or duty (as the case may be) in the 
highest amount applicable to any producer or 
exporter, including the ‘all-others’ rate of the 
merchandise subject to an antidumping order or 
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126 
countervailing duty order under section 736 or 
706, respectively, or a finding issued under the 
Antidumping Act, 1921, or any administrative 
review conducted under section 751. 
‘‘(e) SPECIAL RULES.— 
‘‘(1) EFFECT ON OTHER AUTHORITIES.—Nei-
ther the initiation of an investigation under sub-
section (c)(1) nor a preliminary determination or a 
final determination under subsection (c)(2) shall af-
fect the authority of the Commissioner— 
‘‘(A) to pursue such other enforcement 
measures with respect to the evasion of anti-
dumping or countervailing duties as the Com-
missioner determines necessary, including en-
forcement measures described in clauses (i) 
through (iv) of subsection (d)(3)(E); or 
‘‘(B) to assess any penalties or collect any 
applicable duties, taxes, and fees, including pur-
suant to section 592. 
‘‘(2) EFFECT OF DETERMINATIONS ON FRAUD 
ACTIONS.—Neither a preliminary determination nor 
a final determination under subsection (c)(2) shall 
be determinative in a proceeding under section 592. 
‘‘(3) NEGLIGENCE OR INTENT.—The Commis-
sioner shall investigate and make a preliminary de-
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127 
termination or a final determination under this sec-
tion with respect to whether a person has entered 
covered merchandise into the customs territory of 
the United States through evasion without regard to 
whether the person— 
‘‘(A) intended to violate an antidumping 
duty order or countervailing duty order under 
section 736 or 706, respectively, or a finding 
issued under the Antidumping Act, 1921; or 
‘‘(B) exercised reasonable care with respect 
to avoiding a violation of such an order or find-
ing.’’. 
(b) TECHNICAL AMENDMENT.—Clause (ii) of section 
777(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 
1677f(b)(1)(A)) is amended to read as follows: 
‘‘(ii) to an officer or employee of U.S. 
Customs and Border Protection Agency 
who is directly involved in conducting an 
investigation regarding fraud under this 
title or claims of evasion under section 
516B.’’. 
(c) JUDICIAL REVIEW.—Section 516A(a)(2) of the 
Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is amended— 
(1) in subparagraph (A)— 
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128 
(A) in clause (i)(III), by striking ‘‘or’’ at 
the end; 
(B) in clause (ii), by adding ‘‘or’’ at the 
end; and 
(C) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) the date of publication in the 
Federal Register of a determination de-
scribed in clause (ix) of subparagraph 
(B),’’; and 
(2) in subparagraph (B), by adding at the end 
the following new clause: 
‘‘(ix) A determination by the Commis-
sioner responsible for U.S. Customs and 
Border Protection under section 516B that 
merchandise has been entered into the cus-
toms territory of the United States 
through evasion.’’. 
(d) FINALITY OF DETERMINATIONS.—Section 514(b) 
of the Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended 
by striking ‘‘section 303’’ and all that follows through 
‘‘which are reviewable’’ and inserting ‘‘section 516B or 
title VII that are reviewable’’. 
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129 
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), the amendments made by this title shall apply with 
respect to goods from Canada and Mexico. 
Subtitle B—Other Matters 
SEC. 311. DEFINITIONS. 
In this subtitle, the terms ‘‘appropriate congressional 
committees’’, ‘‘Commissioner’’, ‘‘covered merchandise’’, 
‘‘enter’’ and ‘‘entry’’, and ‘‘evade’’ and ‘‘evasion’’ have the 
meanings given those terms in section 516B(a) of the Tar-
iff Act of 1930 (as added by section 301(a) of this Act). 
SEC. 312. ALLOCATION AND TRAINING OF PERSONNEL. 
(a) REASSIGNMENT AND ALLOCATION.—The Com-
missioner shall, to the maximum extent possible, ensure 
that the U.S. Customs and Border Protection Agency— 
(1) employs sufficient personnel who have ex-
pertise in, and responsibility for, preventing and in-
vestigating the entry of covered merchandise into the 
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 
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130 
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. 
(b) COMMERCIAL ENFORCEMENT OFFICERS.—Not 
later than 30 days after the enactment of this Act, the 
Secretary of Homeland Security, the Commissioner, and 
the Assistant Secretary for U.S. Immigration and Cus-
toms Enforcement shall assess and properly allocate the 
resources of the U.S. Customs and Border Protection 
Agency and U.S. Immigration and Customs Enforce-
ment— 
(1) to effectively implement the provisions of, 
and amendments made by, this Act; and 
(2) to improve efforts to investigate and combat 
evasion. 
SEC. 313. REGULATIONS. 
(a) IN GENERAL.—Not later than 240 days after the 
date of the enactment of this Act, the Commissioner shall 
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131 
issue regulations to carry out this title and the amend-
ments made by this title. 
(b) COOPERATION BETWEEN U.S. CUSTOMS
AND 
BORDER PROTECTION AGENCY, U.S. IMMIGRATION AND 
CUSTOMS ENFORCEMENT, AND DEPARTMENT OF COM-
MERCE.—Not later than 240 days after the date of the 
enactment of this Act, the Commissioner, the Assistant 
Secretary for U.S. Immigration and Customs Enforce-
ment, and the Secretary of Commerce shall establish pro-
cedures to ensure maximum cooperation and communica-
tion between the U.S. Customs and Border Protection 
Agency, U.S. Immigration and Customs Enforcement, and 
the Department of Commerce in order to quickly, effi-
ciently, and accurately investigate allegations of evasion 
under section 516B of the Tariff Act of 1930 (as added 
by section 301(a) of this Act). 
SEC. 314. 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-
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132 
mittees a report on the efforts being taken to prevent and 
investigate evasion. 
(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 the U.S. 
Customs and Border Protection Agency to pre-
vent and investigate evasion; 
(B) the number of allegations of evasion 
received and the number of allegations of eva-
sion resulting in investigations by the U.S. Cus-
toms and Border Protection Agency 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 the U.S. Cus-
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133 
toms and Border Protection Agency or any 
other agency; 
(F) a description of the allocation of per-
sonnel and other resources of the U.S. Customs 
and Border Protection Agency and U.S. Immi-
gration and Customs Enforcement to prevent 
and investigation evasion, including any assess-
ments conducted regarding the allocation of 
such personnel 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 the U.S. Customs and Bor-
der Protection Agency processes and procedures to 
prevent and investigate evasion, including— 
(A) the specific guidelines, policies, and 
practices used by the U.S. Customs and Border 
Protection Agency 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 the U.S. Customs 
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134 
and Border Protection Agency 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 
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 the 
U.S. Customs and Border Protection Agency to 
prevent and investigate evasion. 
SEC. 315. GOVERNMENT ACCOUNTABILITY OFFICE REPORT 
ON RELIQUIDATION AUTHORITY. 
Not later than 60 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional com-
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135 
mittees, and make available to the public, a report esti-
mating the amount of duties that could not be collected 
on covered merchandise that entered the customs territory 
of the United States through evasion during fiscal years 
2011 and 2012 because the Commissioner did not have 
the authority to reliquidate the entries of such merchan-
dise. 
SEC. 316. 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: 
‘‘(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 
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136 
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; 
‘‘(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.’’. 
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137 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. PENALTIES FOR CUSTOMS BROKERS. 
(a) IN GENERAL.—Section 641(d)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1641(d)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in subparagraph (F), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(G) has been convicted of committing or 
conspiring to commit an act of terrorism de-
scribed in section 2332b of title 18, United 
States Code.’’. 
(b) TECHNICAL AMENDMENTS.—Section 641 of the 
Tariff Act of 1930 (19 U.S.C. 1641) is amended— 
(1) in subsection (g)(2)(B), by striking ‘‘Sec-
retary’s notice’’ and inserting ‘‘notice under sub-
paragraph (A)’’; and 
(2) by striking ‘‘Customs Service’’ each place it 
appears and inserting ‘‘U.S. Customs and Border 
Protection Agency’’. 
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138 
SEC. 402. DE MINIMIS VALUE AND ENTRY UNDER REGULA-
TIONS. 
(a) DE MINIMIS VALUE.—Section 321(a)(2)(C) of 
the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) is 
amended by striking ‘‘$200’’ and inserting ‘‘$800’’. 
(b) ENTRY UNDER REGULATIONS.—Section 498 of 
the Tariff Act of 1930 (19 U.S.C. 1498) is amended— 
(1) in subsection (a), by striking paragraph (1) 
and inserting the following: 
‘‘(1) Merchandise, when different commercial 
facilitation and risk considerations that may vary for 
different classes or kinds of merchandise or different 
classes of transactions may dictate;’’; 
(2) by redesignating subsection (b) as sub-
section (c); and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) ENTRY OF MERCHANDISE VALUED AT $2,500 
OR LESS.—The Secretary of the Treasury shall prescribe 
rules and regulations for the declaration and entry of mer-
chandise if the aggregate value of the shipment of mer-
chandise does not exceed $2,500.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section apply to articles entered, or withdrawn from 
warehouse for consumption, on or after the 90th day after 
the date of the enactment of this Act. 
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139 
SEC. 403. COLLECTION AND REMITTANCE OF CERTAIN CUS-
TOMS USER FEES. 
(a) IN GENERAL.—Section 13031(d) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(d)) is amended— 
(1) in the subsection heading, by inserting 
‘‘AND REMITTANCE’’ after ‘‘COLLECTION’’; 
(2) in paragraph (3)— 
(A) by inserting ‘‘required to be collected 
under such paragraph’’ after ‘‘shall remit those 
fees’’; and 
(B) by striking ‘‘31 days after the close of 
the calendar quarter in which the fees are col-
lected’’ and inserting ‘‘30 days after the end of 
the month in which the fees are required to be 
collected’’; and 
(3) by adding at the end the following: 
‘‘(5) The refund of any fee collected under sub-
section (a)(5) shall not be payable from the Customs 
User Fee Account. 
‘‘(6)(A) A person who collects fees under para-
graph (1) or (2) and does not remit those fees to the 
Secretary of the Treasury as required by paragraph 
(3) shall be subject to a penalty in accordance with 
the requirements of this paragraph. 
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140 
‘‘(B) The amount of such penalty shall be equal 
to 2 times the amount of the fee that was required 
to be remitted to the Secretary of the Treasury. The 
Secretary of the Treasury may establish and impose 
additional penalties through rulemaking for failure 
to comply with any provision of this subsection. 
‘‘(C) Any penalty collected under this para-
graph shall be used to directly reimburse each ap-
propriation for the amount paid out of that appro-
priation for the costs described in subsection 
(f)(3)(A).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) take effect on the date of enactment of this 
Act and apply with respect to fees that are required to 
be collected and remitted to the Secretary of the Treasury 
under section 13031(d) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985, as amended by sub-
section (a), on or after such date of enactment. 
SEC. 404. DRAWBACK AND REFUNDS. 
(a) ARTICLES MADE FROM IMPORTED MERCHAN-
DISE.—Section 313(a) of the Tariff Act of 1930 (19 
U.S.C. 1313(a)) is amended— 
(1) by striking ‘‘under customs supervision’’; 
and 
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141 
(2) by inserting ‘‘as calculated under subsection 
(r)(4)(A),’’ after ‘‘less 1 per centum of such du-
ties,’’. 
(b) SUBSTITUTION
FOR DRAWBACK PURPOSES.— 
Section 313(b) of the Tariff Act of 1930 (19 U.S.C. 
1313(b)) is amended— 
(1) by striking ‘‘If imported’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—If imported’’; 
(2) by striking ‘‘and any other merchandise 
(whether imported or domestic) of the same kind 
and quality’’ and inserting ‘‘and substitute merchan-
dise’’; 
(3) by striking ‘‘three years’’ and inserting ‘‘5 
years’’; 
(4) by striking ‘‘the receipt of such imported 
merchandise by the manufacturer or producer of 
such articles’’ and inserting ‘‘the date of importation 
of such imported merchandise by the importer’’; 
(5) by striking ‘‘under customs supervision’’ 
each place it appears; 
(6) by inserting after ‘‘merchandise used there-
in been imported,’’ the following: ‘‘as calculated 
under subsection (r)(4)(A),’’; 
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142 
(7) by striking the period at the end and insert-
ing ‘‘, as calculated under subsection (r)(4)(A).’’; 
and 
(8) by adding at the end the following: 
‘‘(2) REQUIREMENTS RELATING TO TRANSFER 
OF MERCHANDISE.— 
‘‘(A) 
MANUFACTURERS
AND
PRO-
DUCERS.—Drawback may be allowed under 
paragraph (1) in the amount referred to under 
paragraph (1) only if the manufacturer or pro-
ducer of articles has received the imported, 
duty-paid merchandise or substitute merchan-
dise, directly or indirectly, of imported duty- 
paid merchandise or substitute merchandise. 
‘‘(B) EXPORTERS
AND
DESTROYERS.— 
Drawback may be allowed under paragraph (1) 
in the amount referred to under paragraph (1) 
only if the exporter or destroyer of articles has 
received the manufactured or produced article 
or substitute article, directly or indirectly, of a 
substitute article. 
‘‘(C) EVIDENCE OF TRANSFER.—Transfers 
of merchandise under subparagraph (A) and 
transfers of articles under subparagraph (B) 
may be evidenced by business records kept in 
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143 
the normal course of business and no additional 
certificates of transfer or manufacture shall be 
required.’’. 
(c) MERCHANDISE NOT CONFORMING TO SAMPLE OR 
SPECIFICATIONS.—Section 313(c) of the Tariff Act of 
1930 (19 U.S.C. 1313(c)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘under the supervision of the 
Customs Service’’; 
(B) in subparagraph (D)— 
(i) by striking ‘‘3’’ and inserting ‘‘5’’; 
and 
(ii) by striking ‘‘under the supervision 
of the Customs Service’’; and 
(C) in the text immediately following sub-
paragraph (D), by inserting ‘‘as calculated 
under subsection (r)(4)(A),’’ after ‘‘merchan-
dise,’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘under the supervision of 
the Customs Service’’; and 
(B) by striking the last sentence and in-
serting the following: ‘‘Transfers of merchan-
dise may be evidenced by business records kept 
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144 
in the normal course of business and no addi-
tional certificates of transfer shall be re-
quired.’’. 
(d) PROOF OF EXPORTATION.—Section 313(i) of the 
Tariff Act of 1930 (19 U.S.C. 1313(i)) is amended to read 
as follows: 
‘‘(i) PROOF OF EXPORTATION.—A person claiming 
drawback under this section shall, as proof of exportation, 
maintain the record of exportation entered in the auto-
mated export system of the United States Government or, 
if the exporter is unable to use that system, records kept 
in the normal course of business similar to the information 
contained in such record of exportation.’’. 
(e) UNUSED MERCHANDISE DRAWBACK.—Section 
313(j) of the Tariff Act of 1930 (19 U.S.C. 1313(j)) is 
amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘3-year’’ and inserting ‘‘5- 
year’’; and 
(B) by inserting ‘‘and before filing the 
drawback claim’’ after ‘‘the date of importa-
tion’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (B)— 
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145 
(i) by striking ‘‘3-year’’ and inserting 
‘‘5-year’’; 
(ii) by inserting ‘‘and before filing the 
drawback claim’’ after ‘‘the imported mer-
chandise’’; and 
(iii) by striking ‘‘under customs su-
pervision’’; 
(B) in subparagraph (C)(ii)(II)— 
(i) by inserting ‘‘, directly or indi-
rectly,’’ after ‘‘received’’; and 
(ii) by inserting ‘‘, tax, or fee’’ after 
‘‘duty’’; and 
(C) in the text immediately following sub-
paragraph (C)— 
(i) by inserting ‘‘, as calculated under 
subsection (r)(4),’’ after ‘‘under this sub-
section’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘Merchandise shall be considered 
to be received directly or indirectly from a 
person who imported and paid any duty, 
tax, or fee due on the imported merchan-
dise if the recipient received any imported 
merchandise, 
any 
other 
merchandise 
(whether imported or domestic), or any 
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combination of imported merchandise and 
such other merchandise, from the importer 
through a transfer directly to the recipient, 
or a transfer from the importer through 
one or more intermediate transfers involv-
ing one or more parties of any combination 
of imported merchandise or such other 
merchandise. Transfers of merchandise 
may be evidenced by business records kept 
in the normal course of business and no 
additional certificates of transfer shall be 
required.’’. 
(f) CERTIFICATE OF DELIVERY.—Section 313 of the 
Tariff Act of 1930 (19 U.S.C. 1313) is amended by strik-
ing subsection (k). 
(g) REGULATIONS.—Section 313(l) of the Tariff Act 
of 1930 (19 U.S.C. 1313(l)) is amended by striking ‘‘and 
the designation of the person to whom any refund or pay-
ment of drawback shall be made’’ and inserting ‘‘and the 
authority to require that all drawback entries be filed elec-
tronically’’. 
(h) SUBSTITUTION OF FINISHED PETROLEUM DE-
RIVATIVES.—Section 313(p) of the Tariff Act of 1930 (19 
U.S.C. 1313(p)) is amended— 
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147 
(1) by striking ‘‘Harmonized Tariff Schedule of 
the United States’’ each place it appears and insert-
ing ‘‘HTS’’; and 
(2) the text immediately following paragraph 
(3)(A)(ii), by striking ‘‘Commissioner of Customs’’ 
and inserting ‘‘Commissioner of U.S. Customs and 
Border Protection’’. 
(i) PACKAGING MATERIAL.—Section 313(q)(3) of the 
Tariff Act of 1930 (19 U.S.C. 1313(q)(3)) is amended by 
striking ‘‘they contain’’ and inserting ‘‘it contains’’. 
(j) FILING
AND
CALCULATION
OF
DRAWBACK 
CLAIMS.—Section 313(r) of the Tariff Act of 1930 (19 
U.S.C. 1313(r)) is amended— 
(1) in the heading, by inserting ‘‘AND CAL-
CULATION OF’’ after ‘‘FILING’’; 
(2) in paragraph (1)— 
(A) by striking the first sentence and in-
serting the following: ‘‘A drawback entry shall 
be filed or applied for, as applicable, not later 
than 5 years after the date on which merchan-
dise on which drawback is claimed was im-
ported. If merchandise summarized on an entry 
summary line item with respect to which draw-
back is claimed was imported on more than one 
date, the earliest date of importation of the 
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148 
merchandise contained on that entry summary 
line item shall be used for purposes of this 
paragraph.’’; 
(B) in the second sentence, by striking ‘‘3- 
year’’ and inserting ‘‘5-year’’; and 
(C) in the third sentence, by striking ‘‘the 
Customs Service’’ and inserting ‘‘U.S. Customs 
and Border Protection’’; 
(3) in paragraph (3)(A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘The Customs Service’’ and inserting 
‘‘U.S. Customs and Border Protection’’; and 
(B) in clauses (i) and (ii), by striking ‘‘the 
Customs Service’’ each place it appears and in-
serting ‘‘U.S. Customs and Border Protection’’; 
and 
(4) by adding at the end the following: 
‘‘(4) The amount used for purposes of determining 
a drawback entry for refund filed under subsection (a), 
(b), or (c) shall equal the amount determined by multi-
plying— 
‘‘(A) the amount determined by dividing— 
‘‘(i) the total amount of duties, taxes, and 
fees on the entry summary line item under 
which imported merchandise is reported; by 
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149 
‘‘(ii) the number of units of imported mer-
chandise; and 
‘‘(B) the number of units of imported merchan-
dise claimed for drawback.’’. 
(k) DRAWBACKS
FOR RECOVERED MATERIALS.— 
Section 313(x) of the Tariff Act of 1930 (19 U.S.C. 
1313(x)) is amended by striking ‘‘and (c)’’ and inserting 
‘‘(c), and (j)’’. 
(l) DEFINITIONS.—Section 313 of the Tariff Act of 
1930 (19 U.S.C. 1313) is amended by adding at the end 
the following: 
‘‘(z) DEFINITIONS.—In this section: 
‘‘(1) DIRECTLY.—The term ‘directly’ means a 
transfer of merchandise or an article from 1 person 
to another person without any intermediate transfer. 
‘‘(2) HTS.—The term ‘HTS’ means the Har-
monized Tariff Schedule of the United States. 
‘‘(3) INDIRECTLY.—The term ‘indirectly’ means 
a transfer of merchandise or an article from 1 per-
son to another person with 1 or more intermediate 
transfers. 
‘‘(4) SCHEDULE
B.—The term ‘Schedule B’ 
means the Department of Commerce Schedule B, 
Statistical Classification of Domestic and Foreign 
Commodities Exported from the United States. 
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150 
‘‘(5) SUBSTITUTE MERCHANDISE; SUBSTITUTE 
ARTICLE.—The terms ‘substitute merchandise’ and 
‘substitute article’ mean— 
‘‘(A) a good that is classifiable within the 
same 8-digit HTS subheading number as an-
other good (the Schedule B number may be 
used to demonstrate this fact) whether im-
ported or domestic; or 
‘‘(B) a good demonstrated to have been 
classifiable within the same 8-digit HTS sub-
heading number as another good at some point 
during the 5-year period beginning on the date 
of importation of the designated imported mer-
chandise (the Schedule B number may be used 
to demonstrate this fact) whether imported or 
domestic.’’. 
(m) 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 paragraph (2), 
apply to drawback claims filed with respect to 
merchandise that enters the United States on 
or after such date of enactment. 
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151 
(2) TRANSITION RULE.—During the 2-year pe-
riod beginning on the date described in paragraph 
(1)(A), a person may elect to file a claim for draw-
back 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 described 
in paragraph (1)(A). 
(n) GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT.—Not later than one year after the date of enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Ways and Means 
of the House of Representatives and the Committee on 
Finance of the Senate a report that contains— 
(1) a description of the implementation of sec-
tion 313 of the Tariff Act of 1930 (19 U.S.C. 
1313), as amended by this section; 
(2) an evaluation of the modernization of draw-
back and refunds under subsection (b) of section 
313 of such Act (relating to substitution for draw-
back purposes), as amended by this section; 
(3) an evaluation of extending the moderniza-
tion of drawback and refunds to subsection (j) of 
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152 
section 313 of such Act (relating to unused mer-
chandise drawback), as amended by this section; and 
(4) recommendations for the processing of 
drawback claims under the Automated Commercial 
Environment computer system authorized under sec-
tion 13031(f)(5) of the Consolidated Omnibus Budg-
et and Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(5)). 
SEC. 405. AMENDMENTS TO CHAPTER 98 OF THE HAR-
MONIZED TARIFF SCHEDULE OF THE UNITED 
STATES. 
(a) ARTICLES EXPORTED
AND RETURNED, AD-
VANCED OR IMPROVED ABROAD.— 
(1) IN GENERAL.—U.S. Note 3 to subchapter 
II of chapter 98 of the Harmonized Tariff Schedule 
of the United States is amended by adding at the 
end the following: 
‘‘(f)(i) For purposes of subheadings 9802.00.40 
and 9802.00.50, fungible goods exported from the 
United States for the purposes described in such 
subheadings— 
‘‘(A) may be commingled; and 
‘‘(B) the origin, value, and classification of 
such goods may be accounted for using an in-
ventory management method. 
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153 
‘‘(ii) If a person chooses to use an inventory 
management method under this paragraph with re-
spect to fungible goods, the person shall use the 
same inventory management method for any other 
goods with respect to which the person claims 
fungibility under this paragraph. 
‘‘(iii) For the purposes of this paragraph— 
‘‘(A) the term ‘fungible good’ means any 
good that is commercially interchangeable with 
another good and that has properties that are 
essentially identical to the properties of another 
good; and 
‘‘(B) the term ‘inventory management 
method’ means any method for managing inven-
tory that is based on generally accepted ac-
counting principles.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection applies to articles classifiable 
under subheading 9802.00.40 or 9802.00.50 of the 
Harmonized Tariff Schedule of the United States 
that are entered, or withdrawn from warehouse for 
consumption, on or after the date that is 60 days 
after the date of the enactment of this Act. 
(b) MODIFICATION
OF PROVISIONS RELATING
TO 
RETURNED PROPERTY.— 
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154 
(1) IN GENERAL.—The article description for 
heading 9801.00.10 of the Harmonized Tariff 
Schedule of the United States is amended by insert-
ing after ‘‘exported’’ the following: ‘‘, or any other 
products when returned within 3 years after having 
been exported’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) applies to goods entered, or with-
drawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this 
Act. 
(c) DUTY FREE TREATMENT FOR CERTAIN UNITED 
STATES GOVERNMENT PROPERTY RETURNED TO THE 
UNITED STATES.— 
(1) IN GENERAL.—Subchapter I of chapter 98 
of the Harmonized Tariff Schedule of the United 
States is amended by inserting in numerical se-
quence the following new heading: 
‘‘ 
9801.00.11 
United States Government 
property, returned to the 
United States without having 
been advanced in value or im-
proved in condition by any 
means while abroad, entered 
by the United States Govern-
ment or a contractor to the 
United States Government, 
and certified by the importer 
as United States Government 
property .................................
Free 
’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) applies to goods entered, or with-
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155 
drawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this 
Act. 
TITLE V—OTHER TRADE 
AGENCIES 
SEC. 501. UNITED STATES INTERNATIONAL TRADE COMMIS-
SION. 
(a) FISCAL YEAR 2013.—There are authorized to be 
appropriated for the salaries and expenses of the United 
States International Trade Commission not to exceed 
$82,800,000 for fiscal year 2013. 
(b) FISCAL
YEARS
2014 
AND
2015.—Section 
330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1330(e)(2)(A)) is amended by striking clauses (i) and (ii) 
and inserting the following: 
‘‘(i) $86,800,000 for fiscal year 2014. 
‘‘(ii) $88,900,000 for fiscal year 
2015.’’. 
SEC. 502. OFFICE OF THE UNITED STATES TRADE REP-
RESENTATIVE. 
(a) FISCAL YEAR 2013.—There are authorized to be 
appropriated for the salaries and expenses of the Office 
of the United States Trade Representative not less than 
$54,500,000, including for additional resources to 
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156 
strengthen the monitoring and enforcement of existing 
United States trade agreements. 
(b) SENSE OF CONGRESS ON INTERAGENCY TRADE 
ENFORCEMENT CENTER.—It is the sense of Congress 
that— 
(1) robust monitoring and enforcement of 
United States rights under international trade 
agreements, and enforcement of domestic trade laws, 
are crucial to expanding exports and ensuring 
United States workers, businesses, ranchers, and 
farmers are able to compete on a level playing field 
with foreign trade partners; 
(2) to strengthen monitoring and enforcement, 
executive departments and agencies must coordinate 
and augment their efforts to identify and reduce or 
eliminate foreign trade barriers and unfair foreign 
trade practices; and 
(3) an Interagency Trade Enforcement Center, 
as established by Executive Order 13601 of Feb-
ruary 28, 2012, has the potential to strengthen the 
monitoring and enforcement of United States rights 
under international trade agreements and the en-
forcement of domestic trade laws. 
Æ 
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