[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2299 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2299

  To amend the Tariff Act of 1930 to improve enforcement of the trade 
           laws of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2015

 Ms. Klobuchar (for herself and Mr. Franken) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Tariff Act of 1930 to improve enforcement of the trade 
           laws of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Enforcement Improvement Act of 
2015''.

SEC. 2. MODIFICATION OF FACTORS CONSIDERED IN FINAL DETERMINATION IN 
              ANTIDUMPING OR COUNTERVAILING DUTY INVESTIGATION IN CASE 
              OF AN ALLEGATION OF CRITICAL CIRCUMSTANCES.

    (a) Countervailing Duties.--Clause (ii) of section 705(b)(4)(A) of 
the Tariff Act of 1930 (19 U.S.C. 1671d(b)(4)(A)) is amended to read as 
follows:
                            ``(ii) Likely to seriously undermine the 
                        remedial effect of a countervailing duty 
                        order.--
                                    ``(I) In general.--The Commission 
                                shall find under clause (i) that 
                                imports of subject merchandise subject 
                                to the affirmative determination under 
                                subsection (a)(2) are likely to 
                                undermine seriously the remedial effect 
                                of the countervailing duty order to be 
                                issued under section 706 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 order.
                                    ``(II) Factors in determination.--
                                In making a determination under 
                                subclause (I) with respect to imports 
                                of subject merchandise described in 
                                that subclause, the Commission shall 
                                consider, based on the facts available, 
                                the following:
                                            ``(aa) An increase in the 
                                        market share in the United 
                                        States of imports of such 
                                        merchandise after the filing of 
                                        the petition.
                                            ``(bb) An increase in 
                                        underselling of the domestic 
                                        like product by imports of such 
                                        merchandise, in terms of 
                                        frequency or magnitude, after 
                                        the filing of the petition.
                                            ``(cc) A significant 
                                        buildup of inventories of 
                                        imports of such merchandise in 
                                        the United States, whether held 
                                        by United States importers, 
                                        purchasers, or end users, after 
                                        the filing of the petition.
                                            ``(dd) A weakening of the 
                                        industry of the domestic like 
                                        product after the filing of the 
                                        petition.
                                            ``(ee) Any other 
                                        circumstances indicating that, 
                                        after the filing of the 
                                        petition, imports of such 
                                        merchandise substantially 
                                        weaken the remedial effect of 
                                        the countervailing duty order.
                                    ``(III) Assessment of 
                                competition.--The Commission shall 
                                consider items (aa) through (ee) of 
                                subclause (II) based on the particular 
                                conditions of competition in the 
                                relevant industry.
                                    ``(IV) Time period.--The period of 
                                time evaluated in making a 
                                determination under subclause (I) shall 
                                not include any period after the 
                                issuance of the preliminary 
                                determination by the administering 
                                authority under section 703(b) with 
                                respect to the subject merchandise.''.
    (b) Antidumping Duties.--Clause (ii) of section 735(b)(4)(A) of the 
Tariff Act of 1930 (19 U.S.C. 1673d(b)(4)(A)) is amended to read as 
follows:
                            ``(ii) Likely to seriously undermine the 
                        remedial effect of an antidumping duty order.--
                                    ``(I) In general.--The Commission 
                                shall find under clause (i) that 
                                imports of subject merchandise subject 
                                to the affirmative determination under 
                                subsection (a)(3) are likely to 
                                undermine seriously the remedial effect 
                                of the antidumping duty order to be 
                                issued under section 736 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 order.
                                    ``(II) Factors in determination.--
                                In making a determination under 
                                subclause (I) with respect to imports 
                                of subject merchandise described in 
                                that subclause, the Commission shall 
                                consider, based on the facts available, 
                                the following:
                                            ``(aa) An increase in the 
                                        market share in the United 
                                        States of imports of such 
                                        merchandise after the filing of 
                                        the petition.
                                            ``(bb) An increase in 
                                        underselling of the domestic 
                                        like product by imports of such 
                                        merchandise, in terms of 
                                        frequency or magnitude, after 
                                        the filing of the petition.
                                            ``(cc) A significant 
                                        buildup of inventories of 
                                        imports of such merchandise in 
                                        the United States, whether held 
                                        by United States importers, 
                                        purchasers, or end users, after 
                                        the filing of the petition.
                                            ``(dd) A weakening of the 
                                        industry of the domestic like 
                                        product after the filing of the 
                                        petition.
                                            ``(ee) Any other 
                                        circumstances indicating that, 
                                        after the filing of the 
                                        petition, imports of such 
                                        merchandise substantially 
                                        weaken the remedial effect of 
                                        the antidumping duty order.
                                    ``(III) Assessment of 
                                competition.--The Commission shall 
                                consider items (aa) through (ee) of 
                                subclause (II) based on the particular 
                                conditions of competition in the 
                                relevant industry.
                                    ``(IV) Time period.--The period of 
                                time evaluated in making a 
                                determination under subclause (I) shall 
                                not include any period after the 
                                issuance of the preliminary 
                                determination by the administering 
                                authority under section 733(b) with 
                                respect to the subject merchandise.''.

SEC. 3. MODIFICATION OF DETERMINATION OF THREAT OF MATERIAL INJURY 
              BASED ON IMMINENT FUTURE IMPORTS IN ANTIDUMPING OR 
              COUNTERVAILING DUTY INVESTIGATION.

    Section 771(7)(F) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(F)) 
is amended by adding at the end the following:
                            ``(iv) Effect of imminent future imports.--
                                    ``(I) In general.--Subject to 
                                subclauses (II) and (III), the 
                                Commission may determine under this 
                                subparagraph that an industry in the 
                                United States is threatened with 
                                material injury by reason of imports 
                                (or sales for importation) of the 
                                subject merchandise notwithstanding the 
                                results of an evaluation under 
                                subparagraph (C)(iii) 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 industry.
                                    ``(II) 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 future.
                                    ``(III) Foreign projections.--With 
                                respect to considering economic factors 
                                described in clause (i)(II), 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 investigation, such 
                                projection shall require verification 
                                or independent corroboration before 
                                being considered under this 
                                subparagraph.''.

SEC. 4. PREVENTION OF DUTY EVASION THROUGH IDENTIFICATION OF PERSONS 
              AND COUNTRIES RESPONSIBLE FOR VIOLATIONS OF THE CUSTOMS 
              LAWS.

    (a) Identification of Certain Persons Who Violate the Customs 
Laws.--
            (1) In general.--The Secretary may publish semi-annually in 
        the Federal Register a list of any producer, manufacturer, 
        supplier, seller, exporter, or other person located outside the 
        customs territory of the United States to which the 
        Commissioner has issued a penalty claim under section 592(b)(2) 
        of the Tariff Act of 1930 (19 U.S.C. 1592(b)(2)) citing any of 
        the violations of the customs laws described in paragraph (3).
            (2) Effect of petition for remission or mitigation.--If a 
        person to which a penalty claim described in paragraph (1) is 
        issued files a petition for remission or mitigation under 
        section 618 of that Act (19 U.S.C. 1618) with respect to the 
        penalty claim, the Secretary may not include the person on a 
        list published under paragraph (1) until a final determination 
        is made under such section 618.
            (3) Violations.--
                    (A) In general.--The violations of the customs laws 
                described in this paragraph are the following:
                            (i) Using documentation, or providing 
                        documentation subsequently used by the importer 
                        of record, that indicates a false or fraudulent 
                        country of origin or source of goods described 
                        in subparagraph (B) being entered into the 
                        customs territory of the United States.
                            (ii) Using counterfeit visas, licenses, 
                        permits, bills of lading, commercial invoices, 
                        packing lists, certificates of origin, or 
                        similar documentation, or providing counterfeit 
                        visas, licenses, permits, bills of lading, 
                        commercial invoices, packing lists, 
                        certificates of origin, or similar 
                        documentation subsequently used by the importer 
                        of record, with respect to the entry into the 
                        customs territory of the United States of goods 
                        described in subparagraph (B).
                            (iii) Manufacturing, producing, supplying, 
                        or selling goods described in subparagraph (B) 
                        that are falsely or fraudulently labeled as to 
                        country of origin or source.
                            (iv) Engaging in practices that aid or abet 
                        the transshipment, through a country other than 
                        the country of origin, of goods described in 
                        subparagraph (B), in a manner that conceals the 
                        true origin of the goods or permits the evasion 
                        of quotas or duties on, or voluntary restraint 
                        agreements with respect to, imports of the 
                        goods.
                    (B) Goods described.--Goods described in this 
                subparagraph are--
                            (i) textile or apparel goods; or
                            (ii) goods subject to antidumping or 
                        countervailing duty orders under title VII of 
                        the Tariff Act of 1930 (19 U.S.C. 1671 et 
                        seq.).
            (4) Removal from list.--Any person included on a list 
        published under paragraph (1) may petition the Secretary to be 
        removed from the list. If the Secretary finds that the person 
        has not committed any violations of the customs laws described 
        in paragraph (3) for a period of not less than 3 years after 
        the date on which the person was included on the list, the 
        Secretary shall remove the person from the list as of the next 
        publication of the list under paragraph (1).
            (5) Reasonable care required for subsequent imports.--
                    (A) Responsibility of importers and others.--After 
                a person has been included on a list published under 
                paragraph (1), the Secretary shall require any importer 
                of record entering, introducing, or attempting to 
                introduce into the commerce of the United States any 
                goods described in paragraph (3)(B) that were either 
                directly or indirectly produced, manufactured, 
                supplied, sold, exported, or transported by the person 
                on the list to show, to the satisfaction of the 
                Secretary, that such importer has exercised reasonable 
                care to ensure that those goods are accompanied by 
                documentation, packaging, and labeling that are 
                accurate as to the origin of those goods. Such 
                reasonable care shall not include reliance solely on 
                information provided by the person on the list.
                    (B) Failure to exercise reasonable care.--If the 
                Commissioner determines that an imported good is not 
                from the country claimed on the documentation 
                accompanying the good, the failure to exercise 
                reasonable care described in subparagraph (A) shall be 
                considered when the Commissioner determines whether the 
                importer of record is in violation of section 484(a) of 
                the Tariff Act of 1930 (19 U.S.C. 1484(a)) or 
                regulations issued under that section.
    (b) Identification of High-Risk Countries.--
            (1) In general.--The President may publish annually in the 
        Federal Register a list of countries--
                    (A) in which illegal activities have occurred 
                involving transshipped goods or activities designed to 
                evade quotas or duties of the United States on goods; 
                and
                    (B) the governments of which fail to demonstrate a 
                good faith effort to cooperate with United States 
                authorities in ceasing such activities.
            (2) Removal from list.--Any country that is on the list 
        published under paragraph (1) 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 list, and such removal shall be published in 
        the Federal Register as soon as practicable.
            (3) Reasonable care required for subsequent imports.--
                    (A) Responsibility of importers of record.--The 
                Secretary of Homeland Security shall require any 
                importer of record entering, introducing, or attempting 
                to introduce into the commerce of the United States 
                goods indicated, on the documentation, packaging, or 
                labeling accompanying such goods, to be from any 
                country on the list published under paragraph (1) to 
                show, to the satisfaction of the Secretary, that the 
                importer, consignee, or purchaser has exercised 
                reasonable care to identify the true country of origin 
                of the good.
                    (B) Failure to exercise reasonable care.--If the 
                Commissioner determines that a good described in 
                subparagraph (A) is not from the country claimed on the 
                documentation accompanying the good, 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 
                484(a) of the Tariff Act of 1930 (19 U.S.C. 1484(a)) or 
                regulations issued under that section.
    (c) Definitions.--In this section:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
            (2) Country.--The term ``country'' means a foreign country 
        or territory, including any overseas dependent territory or 
        possession of a foreign country.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
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