,i #aacth ,,congress #ast ,session ,h4 ,r4 #addj ,,in ,,the ,,house ,,of ,,representatives ,april #i1 #bjac ,mr4 ,long 7for himself1 ,ms4 ,linda ,t4 ,snchez of ,california1 ,mr4 ,jones1 ,mr4 ,graves of ,missouri1 ,mr4 ,nunnelee1 ,mrs4 ,ellmers1 ,mrs4 ,hartzler1 ,mr4 ,westmoreland1 ,mr4 ,kinzinger of ,illinois1 ,mr4 ,bachus1 ,mrs4 ,napolitano1 ,mr4 ,ryan of ,ohio1 ,mr4 ,johnson of ,georgia1 ,mr4 ,rangel1 ,mr4 ,conyers1 ,mr4 ,michaud1 ,mr4 ,stivers1 ,mr4 ,cooper1 ,mr4 ,enyart1 ,ms4 ,kaptur1 ,mr4 ,lipinski1 ,mr4 ,owens1 ,mr4 ,pascrell1 ,mr4 ,gene ,green of ,texas1 ,ms4 ,shea-,porter1 ,mr4 ,foster1 ,mr4 ,cramer1 ,mr4 ,turner1 ,mr4 ,grijalva1 ,ms4 ,roybal-,allard1 ,ms4 ,brown of ,florida1 ,mr4 ,visclosky1 ,mr4 ,mc,govern1 ,ms4 ,schwartz1 ,mr4 ,luetkemeyer1 and ,mr4 ,lowenthal7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to prevent the evasion of antidumping and countervailing duty orders1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,enforcing ,orders and ,reducing ,customs ,evasion ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,procedures ,sec4 #aja4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders4 ,sec4 #ajb4 ,application to ,canada and ,mexico4 ,,title ,,ii--,other matters ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,allocation of ,u4,s4 ,customs and ,border ,protection personnel4 ,sec4 #bjc4 ,regulations4 ,sec4 #bjd4 ,annual report on prevention of evasion of antidumping and countervailing duty orders4 ,sec4 #bje4 ,government ,accountability ,office report on reliquidation authority4 ,i ,procedures #aja4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders 7a7 ,in general ,the ,tariff ,act of #aicj is amended by inserting after section #eaf;,a 7#ai ,u4,s4,c4 #aeaf;a7 the following3 #eaf;,b4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders 7a7 ,definitions ,in this section3 7#a7 ,administering authority ,the term administering authority has the meaning given that term in section #gga7a74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,finance and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,ways and ,means and the ,committee on ,appropriations of the ,house of ,representatives4 7#c7 ,commissioner ,the term ,commissioner means the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection4 7#d7 ,covered merchandise ,the term covered merchandise means merchandise that is subject to-- 7,a7 an antidumping duty order issued under section #gcf2 7,b7 a finding issued under the ,antidumping ,act1 #aiba2 or 7,c7 a countervailing duty order issued under section #gjf4 7#e7 ,enter2 entry ,the terms enter and entry refer to the entry1 or withdrawal from warehouse for consumption1 in the customs territory of the ,united ,states4 7#f7 ,evade2 evasion ,the terms evade and evasion refer to entering covered merchandise into the customs territory of the ,united ,states by means of any document or electronically transmitted data or information1 written or oral statement1 or act that is material and false1 or any omission that is material1 and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise4 7#g7 ,interested party ,the term interested party has the meaning given that term in section #gga7i74 7b7 ,procedures for investigating allegations of evasion 7#a7 ,initiation by petition or referral 7,a7 ,in general ,not later than #aj days after the date on which the ,commissioner receives a petition described in subparagraph 7,b7 or a referral described in subparagraph 7,c71 the ,commissioner shall initiate an investigation pursuant to this paragraph4 7,b7 ,petition described ,a petition described in this subparagraph is a petition that-- 7i7 is filed with the ,commissioner by any party who is an interested party with respect to covered merchandise2 7ii7 alleges that a person has entered covered merchandise into the customs territory of the ,united ,states through evasion2 and 7iii7 is accompanied by information reasonably available to the petitioner supporting the allegation4 7,c7 ,referral described ,a referral described in this subparagraph is information submitted to the ,commissioner by any other ,federal agency1 including the ,department of ,commerce or the ,united ,states ,international ,trade ,commission1 indicating that a person has entered covered merchandise into the customs territory of the ,united ,states through evasion4 7#b7 ,determinations 7,a7 ,preliminary determination 7i7 ,in general ,not later than #ij days after the date on which the ,commissioner initiates an investigation under paragraph 7#a71 the ,commissioner shall issue a preliminary determination1 based on information available to the ,commissioner at the time of the determination1 with respect to whether there is a reasonable basis to believe or suspect that the covered merchandise was entered into the customs territory of the ,united ,states through evasion4 7ii7 ,extension ,the ,commissioner may extend by not more than #de days the time period specified in clause 7i7 if the ,commissioner determines that sufficient information to make a preliminary determination under that clause is not available within that time period or the inquiry is unusually complex4 7,b7 ,final determination 7i7 ,in general ,not later than #abj days after making a preliminary determination under subparagraph 7,a71 the ,commissioner shall make a final determination1 based on substantial evidence1 with respect to whether covered merchandise was entered into the customs territory of the ,united ,states through evasion4 7ii7 ,extension ,the ,commissioner may extend by not more than #fj days the time period specified in clause 7i7 if the ,commissioner determines that sufficient information to make a final determination under that clause is not available within that time period or the inquiry is unusually complex4 7iii7 ,opportunity for comment2 hearing ,after making a preliminary determination under subparagraph 7,a7 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 evasion1 the ,commissioner shall-- 7,i7 provide any person alleged to have entered the merchandise into the customs territory of the ,united ,states through evasion1 and any person that is an interested party with respect to the merchandise1 with an opportunity to be heard2 7,,ii7 upon request1 hold a hearing with respect to whether the covered merchandise was entered into the customs territory of the ,united ,states through evasion2 and 7,,iii7 provide an opportunity for public comment4 7,c7 ,authority to collect and verify additional information ,in making a preliminary determination under subparagraph 7,a7 or a final determination under subparagraph 7,b71 the ,commissioner-- 7i7 shall exercise all existing authorities to collect information needed to make the determination2 and 7ii7 may collect such additional information as is necessary to make the determination through such methods as the ,commissioner considers appropriate1 including by-- 7,i7 issuing a questionnaire with respect to covered merchandise to-- 7aa7 a person that filed a petition under paragraph 7#a77;,b72 7bb7 a person alleged to have entered covered merchandise into the customs territory of the ,united ,states through evasion2 or 7cc7 any other person that is an interested party with respect to the covered merchandise2 or 7,,ii7 conducting verifications1 including on-site verifications1 of any relevant information4 7,d7 ,adverse inference 7i7 ,in general ,if the ,commissioner finds that a person that filed a petition under paragraph 7#a77;,b71 a person alleged to have entered covered merchandise into the customs territory of the ,united ,states through evasion1 or a foreign producer or exporter1 has failed to cooperate by not acting to the best of the person's ability to comply with a request for information1 the ,commissioner may1 in making a preliminary determination under subparagraph 7,a7 or a final determination under subparagraph 7,b71 use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred4 7ii7 ,adverse inference described ,an adverse inference used under clause 7i7 may include reliance on information derived from-- 7,i7 the petition1 if any1 submitted under paragraph 7#a77;,b7 with respect to the covered merchandise2 7,,ii7 a determination by the ,commissioner in another investigation under this section2 7,,iii7 an investigation or review by the administering authority under title ,,vii2 or 7,,iv7 any other information placed on the record4 7,e7 ,notification and publication ,not later than #g days after making a preliminary determination under subparagraph 7,a7 or a final determination under subparagraph 7,b71 the ,commissioner shall-- 7i7 provide notification of the determination to-- 7,i7 the administering authority2 and 7,,ii7 the person that submitted the petition under paragraph 7#a77;,b7 or the ,federal agency that submitted the referral under paragraph 7#a77;,c72 and 7ii7 provide the determination for publication in the ,federal ,register4 7#c7 ,business proprietary information 7,a7 ,establishment of procedures ,for each investigation initiated under paragraph 7#a71 the ,commissioner shall establish procedures for the submission of business proprietary information under an administrative protective order that-- 7i7 protects against public disclosure of such information2 and 7ii7 for purposes of submitting comments to the ,commissioner1 provides limited access to such information for-- 7,i7 the person that submitted the petition under paragraph 7#a77;,b7 or the ,federal agency that submitted the referral under paragraph 7#a77;,c72 and 7,,ii7 the person alleged to have entered covered merchandise into the customs territory of the ,united ,states through evasion4 7,b7 ,administration in accordance with other procedures ,the procedures established under subparagraph 7,a7 shall be administered1 to the maximum extent practicable1 in accordance with administrative protective order procedures under section #ggg by the administering authority4 7,c7 ,disclosure of business proprietary information ,the ,commissioner shall1 in accordance with the procedures established under subparagraph 7,a71 make all business proprietary information presented to1 or obtained by1 the ,commissioner during an investigation available to the persons specified in subparagraph 7,a77ii7 under an administrative protective order1 regardless of when such information is submitted during an investigation4 7#d7 ,referrals to other ,federal agencies 7,a7 ,after preliminary determination ,notwithstanding section #ggg and subject to subparagraph 7,c71 when the ,commissioner makes an affirmative preliminary determination under paragraph 7#b77;,a71 the ,commissioner shall1 at the request of the head of another ,federal agency1 transmit the administrative record to the head of that agency4 7,b7 ,after final determination ,notwithstanding section #ggg and subject to subparagraph 7,c71 when the ,commissioner makes an affirmative final determination under paragraph 7#b77;,b71 the ,commissioner shall1 at the request of the head of another ,federal agency1 transmit the complete administrative record to the head of that agency4 7,c7 ,protective orders ,before transmitting an administrative record to the head of another ,federal agency under subparagraph 7,a7 or 7,b71 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 protection for the information in the administrative record as the protective order in effect with respect to such information under this subsection4 7c7 ,effect of determinations 7#a7 ,effect of affirmative preliminary determination ,if the ,commissioner makes a preliminary determination in accordance with subsection 7b77#b77;,a7 that there is a reasonable basis to believe or suspect that covered merchandise was entered into the customs territory of the ,united ,states through evasion1 the ,commissioner shall-- 7,a7 suspend the liquidation of each unliquidated entry of the covered merchandise that is subject to the preliminary determination and that entered on or after the date of the initiation of the investigation under paragraph 7#a7 and1 pursuant to the ,commissioner's authority under section #ejd7;b71 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 initiation of the investigation under paragraph 7#a72 7,b7 review and reassess the amount of bond or other security the importer is required to post for each entry of merchandise described in subparagraph 7,a72 7,c7 require the posting of a cash deposit with respect to each entry of merchandise described in subparagraph 7,a72 and 7,d7 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 subparagraph 7,a7 as a result of a final determination under subsection 7b77#b77;,b74 7#b7 ,effect of negative preliminary determination ,if the ,commissioner makes a preliminary determination in accordance with subsection 7b77#b77;,a7 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 evasion1 the ,commissioner shall continue the investigation and notify the administering authority pending a final determination under subsection 7b77#b77;,b74 7#c7 ,effect of affirmative final determination ,if the ,commissioner makes a final determination in accordance with subsection 7b77#b77;,b7 that covered merchandise was entered into the customs territory of the ,united ,states through evasion1 the ,commissioner shall-- 7,a7 suspend or continue to suspend1 as the case may be1 the liquidation of each entry of the covered merchandise that is subject to the determination and that enters on or after the date of the determination and1 pursuant to the ,commissioner's authority under section #ejd7;b71 extend or continue to extend1 as the case may be1 the liquidation of each entry of the covered merchandise that is subject to the determination and that entered prior to the date of the determination2 7,b7 notify the administering authority of the determination and request that the administering authority-- 7i7 identify the applicable antidumping or countervailing duty assessment rate for the entries for which liquidation is suspended under paragraph 7#a77;,a7 or subparagraph 7,a7 of this paragraph2 or 7ii7 if no such assessment rates are available at the time1 identify the applicable cash deposit rate to be applied to the entries described in subparagraph 7,a71 with the applicable antidumping or countervailing duty assessment rates to be provided as soon as such rates become available2 7,c7 require the posting of cash deposits and assess duties on each entry of merchandise described in subparagraph 7,a7 in accordance with the instructions received from the administering authority under paragraph 7#e72 7,d7 review and reassess the amount of bond or other security the importer is required to post for merchandise described in subparagraph 7,a7 to ensure the protection of revenue and compliance with the law2 and 7,e7 take such additional enforcement measures as the ,commissioner determines appropriate1 such as-- 7i7 initiating proceedings under section #eib or #eif2 7ii7 implementing1 in consultation with the relevant ,federal agencies1 rule sets or modifications to rules sets for identifying1 particularly through the ,automated ,targeting ,system and the ,automated ,commercial ,environment1 importers1 other parties1 and merchandise that may be associated with evasion2 7iii7 requiring1 with respect to merchandise for which the importer has repeatedly provided incomplete or erroneous entry summary information in connection with determinations of evasion1 the importer to submit entry summary documentation and to deposit estimated duties at the time of entry2 7iv7 referring the record in whole or in part to ,u4,s4 ,immigration and ,customs ,enforcement for civil or criminal investigation2 and 7v7 transmitting the administrative record to the administering authority for further appropriate proceedings4 7#d7 ,effect of negative final determination ,if the ,commissioner makes a final determination in accordance with subsection 7b77#b77;,b7 that covered merchandise was not entered into the customs territory of the ,united ,states through evasion1 the ,commissioner shall terminate the suspension of liquidation pursuant to paragraph 7#a77;,a7 and refund any cash deposits collected pursuant to paragraph 7#a77;,c7 that are in excess of the cash deposit rate that would otherwise have been applicable the merchandise4 7#e7 ,cooperation of administering authority 7,a7 ,in general ,upon receiving a notification from the ,commissioner under paragraph 7#c77;,b71 the administering authority shall promptly provide to the ,commissioner the applicable cash deposit rates and antidumping or countervailing duty assessment rates and any necessary liquidation instructions4 7,b7 ,special rule for cases in which the producer or exporter is unknown ,if the ,commissioner and administering authority are unable to determine the producer or exporter of the merchandise with respect to which a notification is made under paragraph 7#c77;,b71 the administering authority shall identify1 as the applicable cash deposit rate or antidumping or countervailing duty assessment rate1 the cash deposit or duty 7as the case may be7 in the highest amount applicable to any producer or exporter1 including the all-others rate of the merchandise subject to an antidumping order or countervailing duty order under section #gcf or #gjf1 respectively1 or a finding issued under the ,antidumping ,act1 #aiba1 or any administrative review conducted under section #gea4 7d7 ,special rules 7#a7 ,effect on other authorities ,neither the initiation of an investigation under subsection 7b77#a7 nor a preliminary determination or a final determination under subsection 7b77#b7 shall affect the authority of the ,commissioner-- 7,a7 to pursue such other enforcement measures with respect to the evasion of antidumping or countervailing duties as the ,commissioner determines necessary1 including enforcement measures described in clauses 7i7 through 7iv7 of subsection 7c77#c77;,e72 or 7,b7 to assess any penalties or collect any applicable duties1 taxes1 and fees1 including pursuant to section #eib4 7#b7 ,effect of determinations on fraud actions ,neither a preliminary determination nor a final determination under subsection 7b77#b7 shall be determinative in a proceeding under section #eib4 7#c7 ,negligence or intent ,the ,commissioner shall investigate and make a preliminary determination or a final determination under this section with respect to whether a person has entered covered merchandise into the customs territory of the ,united ,states through evasion without regard to whether the person-- 7,a7 intended to violate an antidumping duty order or countervailing duty order under section #gcf or #gjf1 respectively1 or a finding issued under the ,antidumping ,act1 #aiba2 or 7,b7 exercised reasonable care with respect to avoiding a violation of such an order or finding4 4 7b7 ,technical amendment ,clause 7ii7 of section #ggg7;b77#a77;,a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;f7b77#a77;,a77 is amended to read as follows3 7ii7 to an officer or employee of ,u4,s4 ,customs and ,border ,protection who is directly involved in conducting an investigation regarding fraud under this title or claims of evasion under section #eaf;,b4 4 7c7 ,judicial review ,section #eaf;,a7a77#b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7a77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i77,,iii71 by striking or at the end2 7,b7 in clause 7ii71 by adding or at the end2 and 7,c7 by inserting after clause 7ii7 the following3 7iii7 the date of publication in the ,federal ,register of a determination described in clause 7ix7 of subparagraph 7,b71 2 and 7#b7 in subparagraph 7,b71 by adding at the end the following new clause3 7ix7 ,a determination by the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection under section #eaf;,b that merchandise has been entered into the customs territory of the ,united ,states through evasion4 4 7d7 ,finality of determinations ,section #ead7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aead7;b77 is amended by striking section #cjc and all that follows through which are reviewable and inserting section #eaf;,b or title ,,vii that are reviewable4 #ajb4 ,application to ,canada and ,mexico ,pursuant to article #aijb of the ,north ,american ,free ,trade ,agreement and section #djh of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdch71 the amendments made by this title shall apply with respect to goods from ,canada and ,mexico4 ,,ii ,other matters #bja4 ,definitions ,in this title1 the terms appropriate congressional committees1 ,commissioner1 covered merchandise1 enter and entry1 and evade and evasion have the meanings given those terms in section #eaf;,b7a7 of the ,tariff ,act of #aicj 7as added by section #aja of this ,act74 #bjb4 ,allocation of ,u4,s4 ,customs and ,border ,protection personnel 7a7 ,reassignment and allocation ,the ,commissioner shall1 to the maximum extent possible1 ensure that ,u4,s4 ,customs and ,border ,protection-- 7#a7 employs sufficient personnel who have expertise in1 and responsibility for1 preventing the entry of covered merchandise into the customs territory of the ,united ,states through evasion2 and 7#b7 on the basis of risk assessment metrics1 assigns 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 evasion presents the most substantial threats to the revenue of the ,united ,states4 7b7 ,commercial enforcement officers ,not later than #cj days after the enactment of this ,act1 the ,secretary of ,homeland ,security1 the ,commissioner1 and the ,assistant ,secretary for ,u4,s4 ,immigration and ,customs ,enforcement shall assess and properly allocate the resources of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement-- 7#a7 to effectively implement the provisions of1 and amendments made by1 this ,act2 and 7#b7 to improve efforts to investigate and combat evasion4 #bjc4 ,regulations 7a7 ,in general ,not later than #bdj days after the date of the enactment of this ,act1 the ,commissioner shall issue regulations to carry out this title and the amendments made by title ,i4 7b7 ,cooperation between ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and ,department of ,commerce ,not later than #bdj days after the date of the enactment of this ,act1 the ,commissioner1 the ,assistant ,secretary for ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,secretary of ,commerce shall establish procedures to ensure maximum cooperation and communication between ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and the ,department of ,commerce in order to quickly1 efficiently1 and accurately investigate allegations of evasion under section #eaf;,b of the ,tariff ,act of #aicj 7as added by section #aja of this ,act74 #bjd4 ,annual report on prevention of evasion of antidumping and countervailing duty orders 7a7 ,in general ,not later than ,february #bh of each year1 beginning in #bjae1 the ,commissioner1 in consultation with the ,secretary of ,commerce1 shall submit to the appropriate congressional committees a report on the efforts being taken pursuant to section #eaf;,b of the ,tariff ,act of #aicj 7as added by section #aja of this ,act7 to prevent the entry of covered merchandise into the customs territory of the ,united ,states through evasion4 7b7 ,contents ,each report required under subsection 7a7 shall include-- 7#a7 for the fiscal year preceding the submission of the report-- 7,a7 the number and a brief description of petitions and referrals received pursuant to section #eaf;,b7b77#a7 of the ,tariff ,act of #aicj 7as added by section #aja of this ,act72 7,b7 the results of the investigations initiated under such section1 including any related enforcement actions1 and the amount of antidumping and countervailing duties collected as a result of those investigations2 and 7,c7 to the extent appropriate1 a summary of the efforts of ,u4,s4 ,customs and ,border ,protection1 other than efforts initiated pursuant section #eaf;,b of the ,tariff ,act of #aicj 7as added by section #aja of this ,act71 to prevent the entry of covered merchandise into the customs territory of the ,united ,states through evasion2 and 7#b7 for the #c fiscal years preceding the submission of the report1 an estimate of-- 7,a7 the amount of covered merchandise that entered the customs territory of the ,united ,states through evasion2 and 7,b7 the amount of duties that could not be collected on such merchandise because the ,commissioner did not have the authority to reliquidate the entries of such merchandise4 #bje4 ,government ,accountability ,office report on reliquidation authority ,not later than #fj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees1 and make available to the public1 a report estimating 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 #bjaa and #bjab because the ,commissioner did not have the authority to reliquidate the entries of such merchandise4