‘‘(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— 
‘‘(i) provide notification of the deter-
mination to— 
‘‘(I) the administering authority; 
and 
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‘‘(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) 
or the Federal agency that submitted 
the referral under paragraph (1)(C); 
and 
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‘‘(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. 
‘‘(4) REFERRALS TO OTHER FEDERAL AGEN-
CIES.— 
‘‘(A) AFTER
PRELIMINARY
DETERMINA-
TION.—Notwithstanding section 777 and sub-
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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-
tection for the information in the administrative 
record as the protective order in effect with re-
spect to such information under this subsection. 
‘‘(c) EFFECT OF DETERMINATIONS.— 
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‘‘(1) EFFECT
OF
AFFIRMATIVE
PRELIMINARY 
DETERMINATION.—If the Commissioner makes a 
preliminary determination in accordance with sub-
section (b)(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 
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 
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‘‘(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 (b)(2)(B). 
‘‘(2) EFFECT OF NEGATIVE PRELIMINARY DE-
TERMINATION.—If the Commissioner makes a pre-
liminary determination in accordance with sub-
section (b)(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 (b)(2)(B). 
‘‘(3) EFFECT OF AFFIRMATIVE FINAL DETER-
MINATION.—If the Commissioner makes a final de-
termination in accordance with subsection (b)(2)(B) 
that covered merchandise was entered into the cus-
toms territory of the United States through evasion, 
the Commissioner shall— 
‘‘(A) suspend or continue to suspend, as 
the case may be, the liquidation of each entry 
of the covered merchandise that is subject to 
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the determination and that enters on or after 
the date of the determination and, pursuant to 
the Commissioner’s authority under section 
504(b), extend or continue to extend, as the 
case may be, the liquidation of each entry of 
the covered merchandise that is subject to the 
determination and that entered prior to the 
date of the determination; 
‘‘(B) notify the administering authority of 
the determination and request that the admin-
istering authority— 
‘‘(i) identify the applicable anti-
dumping or countervailing duty assessment 
rate for the entries for which liquidation is 
suspended under paragraph (1)(A) or sub-
paragraph (A) of this paragraph; or 
‘‘(ii) if no such assessment rates are 
available at the time, identify the applica-
ble cash deposit rate to be applied to the 
entries described in subparagraph (A), 
with the applicable antidumping or coun-
tervailing duty assessment rates to be pro-
vided as soon as such rates become avail-
able; 
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‘‘(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-
ers, other parties, and merchandise that 
may be associated with evasion; 
‘‘(iii) requiring, with respect to mer-
chandise for which the importer has re-
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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 (b)(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-
graph (1)(C) that are in excess of the cash deposit 
rate that would otherwise have been applicable the 
merchandise. 
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‘‘(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 
countervailing duty order under section 736 or 
706, respectively, or a finding issued under the 
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Antidumping Act, 1921, or any administrative 
review conducted under section 751. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) EFFECT ON OTHER AUTHORITIES.—Nei-
ther the initiation of an investigation under sub-
section (b)(1) nor a preliminary determination or a 
final determination under subsection (b)(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 (c)(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 (b)(2) shall 
be determinative in a proceeding under section 592. 
‘‘(3) NEGLIGENCE OR INTENT.—The Commis-
sioner shall investigate and make a preliminary de-
termination or a final determination under this sec-
tion with respect to whether a person has entered 
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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 who is di-
rectly involved in conducting an investiga-
tion 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)— 
(A) in clause (i)(III), by striking ‘‘or’’ at 
the end; 
(B) in clause (ii), by adding ‘‘or’’ at the 
end; and 
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(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’’. 
SEC. 102. 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. 
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TITLE II—OTHER MATTERS 
SEC. 201. DEFINITIONS. 
In this title, 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 101 of this Act). 
SEC. 202. ALLOCATION OF U.S. CUSTOMS AND BORDER 
PROTECTION PERSONNEL. 
(a) REASSIGNMENT AND ALLOCATION.—The Com-
missioner shall, to the maximum extent possible, ensure 
that U.S. Customs and Border Protection— 
(1) employs sufficient personnel who have ex-
pertise in, and responsibility for, preventing the 
entry of covered merchandise into the customs terri-
tory of the United States through evasion; and 
(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 
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. 
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(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 U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforcement— 
(1) to effectively implement the provisions of, 
and amendments made by, this Act; and 
(2) to improve efforts to investigate and combat 
evasion. 
SEC. 203. REGULATIONS. 
(a) IN GENERAL.—Not later than 240 days after the 
date of the enactment of this Act, the Commissioner shall 
issue regulations to carry out this title and the amend-
ments made by title I. 
(b) COOPERATION BETWEEN U.S. CUSTOMS
AND 
BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS 
ENFORCEMENT, AND DEPARTMENT OF COMMERCE.—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 Enforcement, and the Sec-
retary of Commerce shall establish procedures to ensure 
maximum cooperation and communication between U.S. 
Customs and Border Protection, U.S. Immigration and 
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Customs Enforcement, and the Department of Commerce 
in order to quickly, efficiently, and accurately investigate 
allegations of evasion under section 516B of the Tariff 
Act of 1930 (as added by section 101 of this Act). 
SEC. 204. 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 2012, the Commissioner, in con-
sultation with the Secretary of Commerce, shall submit to 
the appropriate congressional committees a report on the 
efforts being taken pursuant to section 516B of the Tariff 
Act of 1930 (as added by section 101 of this Act) to pre-
vent the entry of covered merchandise into the customs 
territory of the United States through evasion. 
(b) CONTENTS.—Each report required under sub-
section (a) shall include— 
(1) for the fiscal year preceding the submission 
of the report— 
(A) the number and a brief description of 
petitions and referrals received pursuant to sec-
tion 516B(b)(1) of the Tariff Act of 1930 (as 
added by section 101 of this Act); 
(B) the results of the investigations initi-
ated under such section, including any related 
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enforcement actions, and the amount of anti-
dumping and countervailing duties collected as 
a result of those investigations; and 
(C) to the extent appropriate, a summary 
of the efforts of U.S. Customs and Border Pro-
tection, other than efforts initiated pursuant 
section 516B of the Tariff Act of 1930 (as 
added by section 101 of this Act), to prevent 
the entry of covered merchandise into the cus-
toms territory of the United States through 
evasion; and 
(2) for the 3 fiscal years preceding the submis-
sion of the report, an estimate of— 
(A) the amount of covered merchandise 
that entered the customs territory of the United 
States through evasion; and 
(B) the amount of duties that could not be 
collected on such merchandise because the Com-
missioner did not have the authority to reliq-
uidate the entries of such merchandise. 
SEC. 205. 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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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 
2009 and 2010 because the Commissioner did not have 
the authority to reliquidate the entries of such merchan-
dise. 
Æ 
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