Enforcing Orders and Reducing Customs Evasion Act of 2012

Bill: 112-s-3524
Sponsor: Sen. Baucus, Max [D-MT]
Introduced: 2012-09-10 in the Senate
Policy area: Foreign Trade and International Finance
Subjects: Administrative law and regulatory procedures
Administrative remedies
Canada
Competitiveness, trade promotion, trade deficits
Congressional oversight
Customs enforcement
Department of Homeland Security
Department of the Treasury
Fraud offenses and financial crimes
Free trade and trade barriers
Government information and archives
Government studies and investigations
Judicial review and appeals
Latin America
Mexico
Product safety and quality
Tariffs

Summary:
action_date: 2012-09-10
text: 
Enforcing Orders and Reducing Customs Evasion Act of 2012 - Amends the Tariff Act of 1930 to require the Commissioner responsible for U.S. Customs and Border Protection (CBP), upon the filing of an allegation or a referral from another federal agency, to investigate claims of evasion of antidumping or countervailing duties with respect to covered merchandise entered into the United States.
 
Defines &quot;evasion&quot; to mean entering covered merchandise into U.S. customs territory by means (except in the case of clerical error) of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any material omission, which results in reduction or non-application of any cash deposit or other security or any amount of applicable antidumping or countervailing duties.
 
Requires the Commissioner, if after the initiation of an investigation and a finding of reasonable suspicion, as an interim measure to: (1) suspend liquidation of each unliquidated entry of covered merchandise, (2) extend the period for liquidating each unliquidated entry entered before the date of such investigation, and (3) take such additional measures to protect U.S. revenue.
 
Requires the Commissioner, in the case of an affirmative determination based on substantial evidence, to: (1) suspend or continue to suspend liquidation of unliquidated entries of covered merchandise, (2) extend or continue to extend the period for liquidating such entries, (3) request the administering authority (Secretary of Commerce or other responsible U.S. officer) to identify the applicable antidumping or countervailing duties or cash deposit rate for such entries, (4) require the posting of cash deposits and assess duties, and (5) take appropriate additional enforcement measures.
 
Applies the amendments made by this Act to goods from Canada and Mexico.
 
Directs the Secretary to report annually to Congress on efforts being taken to prevent and investigate the entry of covered merchandise into the U.S. customs territory through evasion.

action_date: 2012-09-10
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Enforcing Orders and Reducing Customs Evasion Act of 2012 - (Sec. 2) Amends the Tariff Act of 1930 to require the Commissioner responsible for U.S. Customs and Border Protection (CBP), upon the filing of an allegation or a referral from another federal agency, to investigate claims of evasion of antidumping or countervailing duties with respect to covered merchandise entered into the United States.
 
Defines &quot;evasion&quot; to mean entering covered merchandise into U.S. customs territory by means (except in the case of clerical error) of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any material omission, which results in reduction or non-application of any cash deposit or other security or any amount of applicable antidumping or countervailing duties.
 
Requires the Commissioner, if after the initiation of an investigation and a finding of reasonable suspicion, as an interim measure to: (1) suspend liquidation of each unliquidated entry of covered merchandise, (2) extend the period for liquidating each unliquidated entry entered before the date of such investigation, and (3) take such additional measures to protect U.S. revenue.
 
Requires the Commissioner, in the case of an affirmative determination based on substantial evidence, to: (1) suspend or continue to suspend liquidation of unliquidated entries of covered merchandise, (2) extend or continue to extend the period for liquidating such entries, (3) request the administering authority (Secretary of Commerce or other responsible U.S. officer) to identify the applicable antidumping or countervailing duties or cash deposit rate for such entries, (4) require the posting of cash deposits and assess duties, and (5) take appropriate additional enforcement measures.
 
Applies the amendments made by this Act to goods from Canada and Mexico.
 
(Sec. 3) Directs the Secretary to report annually to Congress on efforts being taken to prevent and investigate the entry of covered merchandise into the U.S. customs territory through evasion.


Legislative actions:
action_date: 2012-09-10
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 500.
action_date: 2012-09-10
text: Committee on Finance. Original measure reported to Senate by Senator Baucus. With written report No. 112-209.
action_date: 2012-09-10
text: Committee on Finance. Original measure reported to Senate by Senator Baucus. With written report No. 112-209.
action_date: 2012-09-10
text: Introduced in Senate