I 
111TH CONGRESS 
2D SESSION 
H. R. 6549 
To prevent the evasion of antidumping and countervailing duty orders, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 17, 2010 
Ms. LINDA T. SA´NCHEZ of California (for herself, Mr. JONES, and Mr. CRITZ) 
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. 
This Act may be cited as the ‘‘Enforcing Orders and 
Reducing Customs Evasion Act of 2010’’. 
SEC. 2. PROCEDURES FOR INVESTIGATING CLAIMS OF EVA-
SION. 
(a) IN GENERAL.—The Tariff Act of 1930 is amend-
ed by inserting after section 516A (19 U.S.C. 1516a) the 
following new section: 
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‘‘SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF 
EVASION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTERING
AUTHORITY.—The term 
‘administering authority’ means the authority de-
scribed in section 771(1). 
‘‘(2) 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. 
‘‘(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 order issued under 
section 736; 
‘‘(B) a finding issued under the Anti-
dumping Act, 1921; or 
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‘‘(C) a countervailing duty order issued 
under section 706. 
‘‘(5) EVADE; EVASION.—The terms ‘evade’ and 
‘evasion’ refer to entering or introducing covered 
merchandise into the commerce of the United States 
by means of— 
‘‘(A) any document or electronically trans-
mitted data or information, written or oral 
statement, or act which is material and false, or 
‘‘(B) any omission which is material, 
that results in any cash deposit or other security or 
any amount of applicable antidumping or counter-
vailing duties being reduced or not being applied on 
the merchandise. 
‘‘(6) INTERESTED
PARTY.—The term ‘inter-
ested party’ means an interested party as defined in 
section 771(9). 
‘‘(b) CLARIFICATIONS.— 
‘‘(1) NEGLIGENCE OR INTENT OF IMPORTER.— 
The Commissioner shall investigate and make deter-
minations regarding evasion pursuant to this section 
without taking into consideration whether the im-
porter concerned intended to violate or failed to ex-
ercise reasonable care resulting in a violation of an 
antidumping order or countervailing duty order 
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under section 736 or 706, respectively, or a finding 
issued under the Antidumping Act, 1921. 
‘‘(2) RULE
OF
CONSTRUCTION
RELATING
TO 
PENALTIES.—Nothing in this section limits the au-
thority of U.S. Customs and Border Protection to 
assess penalties and collect applicable duties, taxes, 
and fees, including assessment of penalties and col-
lection of applicable duties, taxes, and fees pursuant 
to section 592. 
‘‘(c) PROCEDURES FOR INVESTIGATING CLAIMS OF 
EVASION.— 
‘‘(1) INITIATION BY PETITION OR REFERRAL.— 
‘‘(A) IN
GENERAL.—The Commissioner 
shall initiate an investigation pursuant to this 
paragraph not later than 10 days after the date 
on which the Commissioner receives a petition 
described in subparagraph (B) or a referral de-
scribed in subparagraph (C). 
‘‘(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 evasion with respect to 
covered merchandise; and 
‘‘(iii) is accompanied by information 
reasonably available to the petitioner sup-
porting such allegations. 
‘‘(C) REFERRAL
DESCRIBED.—A referral 
described in this subparagraph is information 
submitted to the Commissioner by any other 
Federal department or agency, including the 
Department of Commerce or the United States 
International Trade Commission, indicating 
evasion with respect to covered merchandise. 
‘‘(2) DETERMINATIONS.— 
‘‘(A) PRELIMINARY DETERMINATION.— 
‘‘(i) IN GENERAL.—Not later than 60 
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 such determination, 
as to whether there is a reasonable indica-
tion the covered merchandise was entered 
or introduced into the United States 
through evasion. 
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‘‘(ii) EXTENSION.—The Commissioner 
may extend up to 45 days the time period 
specified in clause (i) if the Commissioner 
determines that sufficient information to 
make such preliminary determination is 
not available within such time period or 
the inquiry is unusually complex. 
‘‘(B) FINAL DETERMINATION.— 
‘‘(i) IN
GENERAL.—Not later than 
120 days after making an affirmative pre-
liminary determination under subpara-
graph (A), the Commissioner shall make a 
final determination as to whether the cov-
ered merchandise was entered or intro-
duced into the United States through eva-
sion. 
‘‘(ii) EXTENSION.—The Commissioner 
may extend up to 60 days the time period 
specified in clause (i) if the Commissioner 
determines that sufficient information to 
make such final determination is not avail-
able within such time period or the inquiry 
is unusually complex. 
‘‘(iii) OPPORTUNITY
FOR
COMMENT; 
HEARING.—Before issuing such final deter-
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mination, the Commissioner shall provide 
an opportunity for public comment and, to 
the maximum extent practicable, hold a 
hearing as to whether the covered mer-
chandise was entered or introduced into 
the United States through evasion. 
‘‘(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 
such determinations; and 
‘‘(ii) may collect such additional infor-
mation needed to make such determina-
tions, including issuing questionnaires to 
an interested party with respect to covered 
merchandise and conducting verifications, 
including on-site verifications, of any infor-
mation. 
‘‘(D) ADVERSE INFERENCE.—If the Com-
missioner finds that an interested party with re-
spect to covered merchandise has failed to co-
operate by not acting to the best of its ability 
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to comply with a request for information the 
Commissioner may, in making a preliminary de-
termination under subparagraph (A) or a final 
determination under subparagraph (B), use an 
inference that is adverse to the interests of that 
party in selecting from among the facts other-
wise available to determine whether evasion has 
occurred. Such adverse inference may include 
reliance on information derived from— 
‘‘(i) the petition; 
‘‘(ii) a final determination by the 
Commissioner in an 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.— 
After making a preliminary determination 
under subparagraph (A) or a final determina-
tion under subparagraph (B), the Commissioner 
shall not later than 14 days after the date on 
which such determination is made— 
‘‘(i) send notification of such deter-
mination to— 
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‘‘(I) the administering authority; 
‘‘(II) any petitioning party or re-
ferring Federal department or agency; 
and 
‘‘(III) any importer of such prod-
ucts; and 
‘‘(ii) publish such determination in the 
Customs Bulletin. 
‘‘(3) BUSINESS PROPRIETARY INFORMATION.— 
‘‘(A) ESTABLISHMENT OF PROCEDURES.— 
For each investigation under paragraph (1), the 
Commissioner shall establish procedures for the 
submission of business proprietary information 
under an administrative protective order that 
protects against public disclosure of such infor-
mation but provides limited access to parties to 
the 
investigation 
identified 
in 
paragraph 
(1)(B)(i) for purposes of submitting comments 
to the Commissioner. Such procedures shall be 
administered, to the maximum extent prac-
ticable, in accordance with administrative pro-
tective order procedures under section 777 by 
the administering authority. 
‘‘(B) DISCLOSURE OF BUSINESS PROPRI-
ETARY
INFORMATION.—The 
Commissioner 
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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 parties to the investigation 
under an administrative protective order, re-
gardless of when such information is submitted 
during an investigation. 
‘‘(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 indica-
tion that covered merchandise was entered or intro-
duced into the United States through evasion, the 
Commissioner shall— 
‘‘(A)(i) suspend liquidation of each entry 
of the covered merchandise with respect to 
which such determination has been made that— 
‘‘(I) enters on or after the date of 
such determination; or 
‘‘(II) entered before such date, if the 
liquidation of such entry is not final on 
such date; and 
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‘‘(ii) notwithstanding section 501, reopen 
and hold in suspension any liquidated entry 
subject to the investigation that was liquidated 
on or after the later of— 
‘‘(I) the date that is one year before 
the date on which the investigation was 
initiated; or 
‘‘(II) the date on which suspension of 
liquidation of entries of the covered mer-
chandise was first ordered pursuant to title 
VII or the Antidumping Act, 1921; 
‘‘(B) notify the administering authority of 
such determination that there is a reasonable 
indication that covered merchandise was en-
tered or introduced into the United States 
through evasion and request that the admin-
istering authority identify the applicable cash 
deposit rate to be applied to the entries at 
issue; and 
‘‘(C) require the posting of such cash de-
posit for each such entry. 
‘‘(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 indi-
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cation that covered merchandise was entered or in-
troduced into the United States through evasion, the 
Commissioner shall continue the investigation and 
notify the administering authority pending a final 
determination under subsection (c)(2)(B). 
‘‘(3)(A) EFFECT OF AFFIRMATIVE FINAL DE-
TERMINATION.—If the Commissioner makes a final 
determination 
in 
accordance 
with 
subsection 
(c)(2)(B) that covered merchandise was entered or 
introduced into the United States through evasion, 
the Commissioner shall— 
‘‘(i) suspend, or as the case may be, 
continue to suspend liquidation of each 
entry of merchandise with respect to which 
such final determination has been made 
that enters on or after the date of such de-
termination; 
‘‘(ii) notify the administering author-
ity of the determination that covered mer-
chandise was entered or introduced into 
the United States through evasion and re-
quest that the administering authority— 
‘‘(I) identify the applicable anti-
dumping or countervailing duty as-
sessment rate for the entries for 
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which liquidation is suspended under 
subclause (I) or (II) of paragraph 
(1)(A)(i) or clause (i) of this subpara-
graph; or 
‘‘(II) if no such assessment rates 
are available at the time, identify the 
applicable cash deposit rate to be ap-
plied to the entries under clause (i), 
with the applicable antidumping or 
countervailing duty assessment rates 
to be provided as soon as such rates 
become available; 
‘‘(iii) require the posting of cash de-
posits and assess duties on each entry in 
accordance with the instructions received 
from the administering authority under 
paragraph (5); 
‘‘(iv) review and reassess the amount 
of bond or other security the importer is 
required to post for such merchandise en-
tered on or after the date of such deter-
mination to ensure the protection of rev-
enue and compliance with the law; and 
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‘‘(v) take such additional enforcement 
measures as the Commissioner determines 
appropriate, such as— 
‘‘(I) initiating proceedings under 
sections 592 or 596; 
‘‘(II) implementing, in consulta-
tion with the relevant Federal depart-
ments and agencies, rule sets or modi-
fications to rules sets for identifying, 
particularly through the Automated 
Targeting System, importers, other 
parties, and merchandise that may be 
associated with evasion; 
‘‘(III) requiring, with respect to 
merchandise for which the importer 
has repeatedly provided incomplete or 
erroneous entry summary information 
in connection with determinations of 
evasion, the importer to submit entry 
summary documentation and to de-
posit estimated duties at the time of 
entry; 
‘‘(IV) referring the record in 
whole or in part to U.S. Immigration 
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and Customs Enforcement for crimi-
nal investigation; and 
‘‘(V) transmitting the adminis-
trative record to the administering au-
thority for further appropriate pro-
ceedings. 
‘‘(B) 
SPECIAL
RULE.—Notwithstanding 
the initiation of an investigation under sub-
section (c) or a final determination under para-
graph (2)(B) of such subsection, the Commis-
sioner may pursue all enforcement measures 
against an evasion of antidumping or counter-
vailing duties as the Commissioner determines 
necessary, including enforcement measures de-
scribed in subclauses (I) through (IV) of sub-
paragraph (A)(v). 
‘‘(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 or intro-
duced into the United States through evasion, the 
Commissioner shall terminate the suspension of liq-
uidation pursuant to paragraph (1)(A) and refund 
any cash deposits collected pursuant to paragraph 
(1)(C). 
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‘‘(5) ADMINISTERING AUTHORITY.— 
‘‘(A) IN GENERAL.—Upon receiving a noti-
fication from the Commissioner under para-
graph (1)(B) or (3)(A)(ii), the administering 
authority shall promptly provide to the Commis-
sioner the applicable cash deposit rates and 
antidumping or countervailing duty assessment 
rates and any necessary liquidation instruc-
tions. 
‘‘(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 (1)(B) 
or (3)(A)(ii), 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 other’ 
rate of the merchandise subject to an anti-
dumping order or countervailing duty order 
under section 736 or 706, respectively, or a 
finding issued under the Antidumping Act, 
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1921, or any administrative review conducted 
under section 751.’’. 
(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 
(C) by adding at the end the following new 
clause: 
‘‘(iii) the date of publication in the 
Customs Bulletin of a final determination 
described in clause (ix) of subparagraph 
(B),’’; and 
(2) in subparagraph (B), by adding at the end 
the following new clause: 
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‘‘(ix) A final determination by the 
Commissioner responsible for U.S. Cus-
toms and Border Protection under section 
516B.’’. 
(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 303, section 
516B, or title VII which are reviewable’’. 
SEC. 3. ALLOCATION OF U.S. CUSTOMS AND BORDER PRO-
TECTION PERSONNEL. 
(a) REASSIGNMENT AND ALLOCATION.—The Com-
missioner responsible for U.S. Customs and Border Pro-
tection shall, to the maximum extent possible, ensure that 
U.S. Customs and Border Protection— 
(1) employs sufficient personnel who have ex-
pertise and responsibility for preventing the importa-
tion of merchandise in a manner that evades an 
antidumping order or countervailing duty order 
under section 736 or 706, respectively, of the Tariff 
Act of 1930, or a finding issued under the Anti-
dumping Act, 1921; and 
(2) on the basis of risk assessment metrics, as-
signs sufficient personnel with primary responsibility 
for preventing the importation of merchandise in a 
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manner that evades an antidumping order or coun-
tervailing duty order under section 736 or 706, re-
spectively, of the Tariff Act of 1930, or a finding 
issued under the Antidumping Act, 1921 to the 
ports of entry in the United States at which the 
Commissioner determines the most substantial 
threats to revenue exist. 
(b) COMMERCIAL ENFORCEMENT OFFICERS.— 
(1) IN GENERAL.—Not later than September 
30, 2011, and subject to the availability of appro-
priations, the Commissioner shall hire not less than 
an additional 100 full-time equivalent personnel to 
serve as Commercial Enforcement Officers within 
the Office of Field Operations. 
(2) ASSIGNMENT.—The Commissioner shall as-
sign Commercial Enforcement Officers hired under 
paragraph (1) among the 20 United States ports of 
entry that experienced the highest volume of trade 
during fiscal year 2009. 
(3) DUTIES.—The duties of a Commercial En-
forcement Officer hired under paragraph (1) shall be 
principally related to the enforcement of priority 
trade issues as identified by the Commissioner, and 
shall include— 
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(A) supervising all trade enforcement ac-
tivities of personnel of the Office of Field Oper-
ations at the port of entry to which the Com-
mercial Enforcement Officer has been assigned; 
(B) coordinating with the Office of Inter-
national Trade all trade enforcement activities 
at such port of entry; 
(C) directing the training of personnel at 
such port of entry to effectuate the trade en-
forcement activities of the Office of Field Oper-
ations; and 
(D) otherwise conducting trade enforce-
ment activities at such port of entry. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $20,000,000 for fiscal year 2012 and 
each fiscal year thereafter. 
SEC. 4. REGULATIONS. 
(a) IN GENERAL.—Not later than 240 days after the 
date of the enactment of this Act, the Commissioner re-
sponsible for U.S. Customs and Border Protection shall 
issue regulations to carry out this Act and the amend-
ments made by this Act. 
(b) COOPERATION BETWEEN U.S. CUSTOMS
AND 
BORDER
PROTECTION
AND
DEPARTMENT
OF
COM-
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MERCE.—Not later than 240 days after the date of the 
enactment of this Act, the Commissioner and the Sec-
retary of Commerce shall establish procedures to ensure 
maximum cooperation and communication between U.S. 
Customs and Border Protection and the Department of 
Commerce in order to quickly, efficiently, and accurately 
investigate allegations of evasion under this Act and the 
amendments made by this Act. 
SEC. 5. 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 respon-
sible for U.S. Customs and Border Protection, in consulta-
tion with the Secretary of Commerce, shall submit to the 
appropriate congressional committees a report on the ef-
forts being taken to prevent evasion pursuant to section 
516B of the Tariff Act of 1930 (as added by section 2 
of this Act). 
(b) CONTENTS.—Each report required under sub-
section (a) shall include, for the immediately preceding 
year— 
(1) the number and a brief description of peti-
tions and referrals received pursuant to section 
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516B(c)(1) of the Tariff Act of 1930 (as added by 
section 2 of this Act); 
(2) the results of such investigations, including 
any related enforcement actions, and the amount of 
antidumping and countervailing duties collected as a 
result of such investigations; and 
(3) to the extent appropriate, a summary of the 
efforts of U.S. Customs and Border Protection, 
other than efforts initiated pursuant section 516B of 
the Tariff Act of 1930 (as added by section 2 of this 
Act), to prevent evasion. 
SEC. 6. 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 Act shall apply with 
respect to goods from Canada and Mexico. 
SEC. 7. DEFINITIONS. 
In this Act, the terms ‘‘appropriate congressional 
committees’’, ‘‘Commissioner’’, and ‘‘evade’’ and ‘‘eva-
sion’’ have the meaning given such terms in section 
516B(a) of the Tariff Act of 1930 (as added by section 
2 of this Act). 
Æ 
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