,,ii #aadth ,,congress #ast ,session ,s4 #bbii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ah1 #bjae,ms4 ,klobuchar 7for herself and ,mr4 ,franken7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,tariff ,act of #aicj to improve enforcement of the trade laws of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,trade ,enforcement ,improvement ,act of #bjae4 #b4 ,modification of factors considered in final determination in antidumping or countervailing duty investigation in case of an allegation of critical circumstances 7a7 ,countervailing duties ,clause 7ii7 of section #gje7;b77#d77;,a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga;d7b77#d77;,a77 is amended to read as follows3 7ii7 ,likely to seriously undermine the remedial effect of a countervailing duty order 7,i7 ,in general ,the ,commission shall find under clause 7i7 that imports of subject merchandise subject to the affirmative determination under subsection 7a77#b7 are likely to undermine seriously the remedial effect of the countervailing duty order to be issued under section #gjf if the ,commission determines that imports of such merchandise after the filing of the petition under this subtitle substantially weaken the remedial effect of any subsequent countervailing duty order4 7,,ii7 ,factors in determination ,in making a determination under subclause 7,i7 with respect to imports of subject merchandise described in that subclause1 the ,commission shall consider1 based on the facts available1 the following3 7aa7 ,an increase in the market share in the ,united ,states of imports of such merchandise after the filing of the petition4 7bb7 ,an increase in underselling of the domestic like product by imports of such merchandise1 in terms of frequency or magnitude1 after the filing of the petition4 7cc7 ,a significant buildup of inventories of imports of such merchandise in the ,united ,states1 whether held by ,united ,states importers1 purchasers1 or end users1 after the filing of the petition4 7dd7 ,a weakening of the industry of the domestic like product after the filing of the petition4 7ee7 ,any other circumstances indicating that1 after the filing of the petition1 imports of such merchandise substantially weaken the remedial effect of the countervailing duty order4 7,,iii7 ,assessment of competition ,the ,commission shall consider items 7aa7 through 7ee7 of subclause 7,,ii7 based on the particular conditions of competition in the relevant industry4 7,,iv7 ,time period ,the period of time evaluated in making a determination under subclause 7,i7 shall not include any period after the issuance of the preliminary determination by the administering authority under section #gjc7;b7 with respect to the subject merchandise4 4 7b7 ,antidumping duties ,clause 7ii7 of section #gce7;b77#d77;,a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgc;d7b77#d77;,a77 is amended to read as follows3 7ii7 ,likely to seriously undermine the remedial effect of an antidumping duty order 7,i7 ,in general ,the ,commission shall find under clause 7i7 that imports of subject merchandise subject to the affirmative determination under subsection 7a77#c7 are likely to undermine seriously the remedial effect of the antidumping duty order to be issued under section #gcf if the ,commission determines that imports of such merchandise after the filing of the petition under this subtitle substantially weaken the remedial effect of any subsequent antidumping duty order4 7,,ii7 ,factors in determination ,in making a determination under subclause 7,i7 with respect to imports of subject merchandise described in that subclause1 the ,commission shall consider1 based on the facts available1 the following3 7aa7 ,an increase in the market share in the ,united ,states of imports of such merchandise after the filing of the petition4 7bb7 ,an increase in underselling of the domestic like product by imports of such merchandise1 in terms of frequency or magnitude1 after the filing of the petition4 7cc7 ,a significant buildup of inventories of imports of such merchandise in the ,united ,states1 whether held by ,united ,states importers1 purchasers1 or end users1 after the filing of the petition4 7dd7 ,a weakening of the industry of the domestic like product after the filing of the petition4 7ee7 ,any other circumstances indicating that1 after the filing of the petition1 imports of such merchandise substantially weaken the remedial effect of the antidumping duty order4 7,,iii7 ,assessment of competition ,the ,commission shall consider items 7aa7 through 7ee7 of subclause 7,,ii7 based on the particular conditions of competition in the relevant industry4 7,,iv7 ,time period ,the period of time evaluated in making a determination under subclause 7,i7 shall not include any period after the issuance of the preliminary determination by the administering authority under section #gcc7;b7 with respect to the subject merchandise4 4 #c4 ,modification of determination of threat of material injury based on imminent future imports in antidumping or countervailing duty investigation ,section #gga7g77;,f7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7g77;,f77 is amended by adding at the end the following3 7iv7 ,effect of imminent future imports 7,i7 ,in general ,subject to subclauses 7,,ii7 and 7,,iii71 the ,commission may determine under this subparagraph that an industry in the ,united ,states is threatened with material injury by reason of imports 7or sales for importation7 of the subject merchandise notwithstanding the results of an evaluation under subparagraph 7,c77iii7 with respect to the effect of imports of the subject merchandise on that industry if the ,commission determines that imminent future imports of the subject merchandise will likely lead to a change of circumstances concerning the state of that industry4 7,,ii7 ,future performance estimate ,the ,commission shall determine under this subparagraph that an industry in the ,united ,states is threatened with material injury if the performance of that industry is likely to be materially worse than it would have been in the absence of the likely volume of imports of subject merchandise in the imminent future4 7,,iii7 ,foreign projections ,with respect to considering economic factors described in clause 7i77,,ii71 in a case in which production capacity in or exports to the ,united ,states from the exporting country are projected by foreign producers to decline in the imminent future and such projection is contrary to information examined by the ,commission in the investigation1 such projection shall require verification or independent corroboration before being considered under this subparagraph4 4 #d4 ,prevention of duty evasion through identification of persons and countries responsible for violations of the customs laws 7a7 ,identification of certain persons who violate the customs laws 7#a7 ,in general ,the ,secretary may publish semi-annually in the ,federal ,register a list of any producer1 manufacturer1 supplier1 seller1 exporter1 or other person located outside the customs territory of the ,united ,states to which the ,commissioner has issued a penalty claim under section #eib7;b77#b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeib7;b77#b77 citing any of the violations of the customs laws described in paragraph 7#c74 7#b7 ,effect of petition for remission or mitigation ,if a person to which a penalty claim described in paragraph 7#a7 is issued files a petition for remission or mitigation under section #fah of that ,act 7#ai ,u4,s4,c4 #afah7 with respect to the penalty claim1 the ,secretary may not include the person on a list published under paragraph 7#a7 until a final determination is made under such section #fah4 7#c7 ,violations 7,a7 ,in general ,the violations of the customs laws described in this paragraph are the following3 7i7 ,using documentation1 or providing documentation subsequently used by the importer of record1 that indicates a false or fraudulent country of origin or source of goods described in subparagraph 7,b7 being entered into the customs territory of the ,united ,states4 7ii7 ,using counterfeit visas1 licenses1 permits1 bills of lading1 commercial invoices1 packing lists1 certificates of origin1 or similar documentation1 or providing counterfeit visas1 licenses1 permits1 bills of lading1 commercial invoices1 packing lists1 certificates of origin1 or similar documentation subsequently used by the importer of record1 with respect to the entry into the customs territory of the ,united ,states of goods described in subparagraph 7,b74 7iii7 ,manufacturing1 producing1 supplying1 or selling goods described in subparagraph 7,b7 that are falsely or fraudulently labeled as to country of origin or source4 7iv7 ,engaging in practices that aid or abet the transshipment1 through a country other than the country of origin1 of goods described in subparagraph 7,b71 in a manner that conceals the true origin of the goods or permits the evasion of quotas or duties on1 or voluntary restraint agreements with respect to1 imports of the goods4 7,b7 ,goods described ,goods described in this subparagraph are-- 7i7 textile or apparel goods2 or 7ii7 goods subject to antidumping or countervailing duty orders under title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq474 7#d7 ,removal from list ,any person included on a list published under paragraph 7#a7 may petition the ,secretary to be removed from the list4 ,if the ,secretary finds that the person has not committed any violations of the customs laws described in paragraph 7#c7 for a period of not less than #c years after the date on which the person was included on the list1 the ,secretary shall remove the person from the list as of the next publication of the list under paragraph 7#a74 7#e7 ,reasonable care required for subsequent imports 7,a7 ,responsibility of importers and others ,after a person has been included on a list published under paragraph 7#a71 the ,secretary shall require any importer of record entering1 introducing1 or attempting to introduce into the commerce of the ,united ,states any goods described in paragraph 7#c77;,b7 that were either directly or indirectly produced1 manufactured1 supplied1 sold1 exported1 or transported by the person on the list to show1 to the satisfaction of the ,secretary1 that such importer has exercised reasonable care to ensure that those goods are accompanied by documentation1 packaging1 and labeling that are accurate as to the origin of those goods4 ,such reasonable care shall not include reliance solely on information provided by the person on the list4 7,b7 ,failure to exercise reasonable care ,if the ,commissioner determines that an imported good is not from the country claimed on the documentation accompanying the good1 the failure to exercise reasonable care described in subparagraph 7,a7 shall be considered when the ,commissioner determines whether the importer of record is in violation of section #dhd7;a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adhd7;a77 or regulations issued under that section4 7b7 ,identification of high-,risk countries 7#a7 ,in general ,the ,president may publish annually in the ,federal ,register a list of countries-- 7,a7 in which illegal activities have occurred involving transshipped goods or activities designed to evade quotas or duties of the ,united ,states on goods2 and 7,b7 the governments of which fail to demonstrate a good faith effort to cooperate with ,united ,states authorities in ceasing such activities4 7#b7 ,removal from list ,any country that is on the list published under paragraph 7#a7 that subsequently demonstrates a good faith effort to cooperate with ,united ,states authorities in ceasing activities described in that paragraph shall be removed from the list1 and such removal shall be published in the ,federal ,register as soon as practicable4 7#c7 ,reasonable care required for subsequent imports 7,a7 ,responsibility of importers of record ,the ,secretary of ,homeland ,security shall require any importer of record entering1 introducing1 or attempting to introduce into the commerce of the ,united ,states goods indicated1 on the documentation1 packaging1 or labeling accompanying such goods1 to be from any country on the list published under paragraph 7#a7 to show1 to the satisfaction of the ,secretary1 that the importer1 consignee1 or purchaser has exercised reasonable care to identify the true country of origin of the good4 7,b7 ,failure to exercise reasonable care ,if the ,commissioner determines that a good described in subparagraph 7,a7 is not from the country claimed on the documentation accompanying the good1 the failure to exercise reasonable care under that subparagraph shall be considered when the ,commissioner determines whether the importer of record is in violation of section #dhd7;a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adhd7;a77 or regulations issued under that section4 7c7 ,definitions ,in this section3 7#a7 ,commissioner ,the term ,commissioner means the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection4 7#b7 ,country ,the term country means a foreign country or territory1 including any overseas dependent territory or possession of a foreign country4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4