I 
112TH CONGRESS 
1ST SESSION H. R. 3057 
To prevent the evasion of antidumping and countervailing duty orders, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2011 
Mr. LONG (for himself, Mr. NUNNELEE, Mrs. EMERSON, Mr. LUETKEMEYER, 
Mr. AKIN, Ms. LINDA T. SA´NCHEZ of California, Mr. BACHUS, Mr. MAN-
ZULLO, Mr. CHANDLER, Mr. CRITZ, Mr. CONYERS, Mr. STARK, Mr. 
CARNAHAN, and Mr. LIPINSKI) 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Enforcing Orders and Reducing Customs Evasion Act of 
2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—PROCEDURES 
Sec. 101. Procedures for investigating claims of evasion of antidumping and 
countervailing duty orders. 
Sec. 102. Application to Canada and Mexico. 
TITLE II—OTHER MATTERS 
Sec. 201. Definitions. 
Sec. 202. Allocation of U.S. Customs and Border Protection personnel. 
Sec. 203. Regulations. 
Sec. 204. Annual report on prevention of evasion of antidumping and counter-
vailing duty orders. 
Sec. 205. Government Accountability Office report on reliquidation authority. 
TITLE I—PROCEDURES 
SEC. 101. PROCEDURES FOR INVESTIGATING CLAIMS OF 
EVASION OF ANTIDUMPING AND COUNTER-
VAILING DUTY ORDERS. 
(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). 
‘‘(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means— 
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‘‘(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) an antidumping duty order issued 
under section 736; 
‘‘(B) a finding issued under the Anti-
dumping Act, 1921; or 
‘‘(C) a countervailing duty order issued 
under section 706. 
‘‘(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 
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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. 
‘‘(7) INTERESTED
PARTY.—The term ‘inter-
ested party’ has the meaning given that term in sec-
tion 771(9). 
‘‘(b) 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. 
‘‘(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; 
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‘‘(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-
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-
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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-
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 
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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; 
‘‘(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 
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‘‘(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); 
‘‘(bb) a person alleged to 
have entered covered merchan-
dise into the customs territory of 
the United States through eva-
sion; or 
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‘‘(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 
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. 
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