Enforcing Orders and Reducing Customs Evasion Act of 2011

Bill: 112-s-1133
Sponsor: Sen. Wyden, Ron [D-OR]
Introduced: 2011-05-26 in the Senate
Policy area: Foreign Trade and International Finance
Subjects: Administrative law and regulatory procedures
Administrative remedies
Business records
Canada
Congressional oversight
Customs enforcement
Department of Homeland Security
Free trade and trade barriers
Government studies and investigations
Latin America
Law enforcement officers
Mexico
Tariffs
Trade agreements and negotiations
Trade restrictions

Summary:
action_date: 2011-05-26
text: 
Enforcing Orders and Reducing Customs Evasion Act of 2011 - Amends the Tariff Act of 1930 to require the Commissioner responsible for U.S. Customs and Border Protection (CBP) to initiate, upon petition or a referral from another federal agency, an investigation into claims of evasion of antidumping or countervailing duties (including any cash deposits or other security) with respect to covered merchandise entered into the United States.
 
Requires the Commissioner, in the case of an affirmative preliminary determination, to: (1) suspend liquidation of each unliquidated entry of the covered merchandise, (2) review and reassess the amount of bond or other security required to be posted for each entry of covered merchandise, (3) require the posting of a cash deposit for each entry, and (4) take other appropriate measures to ensure the collection of any duties that may be owed on covered merchandise.
 
Requires the Commissioner, in the case of an affirmative final determination, to: (1) suspend or continue to suspend liquidation of each entry of covered merchandise, (2) notify the administering authority (Secretary of Commerce or other responsible U.S. officer) of the determination and request identification of the applicable antidumping or countervailing duties or cash deposit rate for such entries, (3) require the posting of cash deposits and assess duties, (4) review and reassess the amount of bond or other security required to be posted for covered merchandise entered on or after the date of such determination, and (5) take appropriate additional enforcement measures.

Requires the administering authority to apply the highest applicable cash deposit or antidumping or countervailing duty in cases where the producer or exporter of covered merchandise is unknown.
 
Applies the amendments made by this Act to goods from Canada and Mexico.
 
Requires the Commissioner, to the maximum extent practicable, to ensure that CBP employs and assigns sufficient personnel to prevent the entry of covered merchandise in a manner that evades antidumping and countervailing duty orders or findings.
 
Requires the Secretary of Homeland Security (DHS), the Commissioner, and the Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) to assess and properly allocate the resources of CBP and ICE to improve efforts to investigate and combat evasion.
 
Directs the Comptroller General to report on: (1) efforts to prevent the entry of covered merchandise into the U.S. customs territory through evasion, and (2) the estimated amount of duties that could not be collected on covered merchandise that entered U.S. customs territory through evasion during FY2009-FY2010 because the Commissioner did not have the authority to reliquidate the entries of such merchandise.


Legislative actions:
action_date: 2011-05-26
text: Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S3445-3448)
action_date: 2011-05-26
text: Sponsor introductory remarks on measure. (CR S3444-3445)
action_date: 2011-05-26
text: Introduced in Senate