[Congressional Record Volume 156, Number 118 (Thursday, August 5, 2010)]
[Senate]
[Pages S6890-S6893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Ms. Snowe, and Mr. Schumer):
  S. 3725. A bill to-prevent the importation of merchandise into the 
United States in a manner that evades antidumping and countervailing 
duty orders, and for other purposes; to the Committee on Finance.
  Mr. WYDEN. Mr. President, I rise today to introduce the Enforcing 
Orders and Reducing Circumvention and Evasion Act--or the ENFORCE Act--
of 2010.
  We all know what a tax cheat is; well let me tell you about a trade 
cheat.
  You see, under U.S. trade laws, when a certain import is found to be 
unfairly traded, that is, it benefits from government subsidies or is 
sold below market prices, the U.S. Department of Commerce imposes 
additional duties on these imports. These duties, we call them anti-
dumping and countervailing duties, or AD/CVD, ensure that American 
producers are only asked to compete on a playing field that is level.

[[Page S6891]]

  But we have these trade cheats out there. They cheat American 
taxpayers out of the revenue that is supposed to be collected on 
imports, and which is needed to reduce the budget deficit, and they 
cheat American producers out of business that may otherwise be theirs. 
In short, the trade cheats steal American jobs and America's treasure.
  The U.S.' AD/CVD laws form its industries' protective backbone 
against injury from illegally dumped or subsidized imports. However, 
these trade remedy laws are only effective to the extent that they are 
enforced. We have an enforcement problem.
  The trade cheats are increasingly--and brazenly--employing a variety 
of schemes to evade AD/CVD orders. Sometimes, they hustle their 
merchandise through foreign ports to claim that it originates from 
somewhere it doesn't. Other times, the trade cheats will provide 
fraudulent information to government authorities at American ports of 
entry, or engage in schemes to mislabel and misrepresent imports.
  U.S. industry sources estimate that approximately $91 million in AD/
CV duties that were supposed to be applied to just four steel products 
went uncollected as a result of evasion in 2009. This is an amount 
equal to 30 percent of all AD/CV duties CBP collected that year. With 
300 current AD/CVD orders in place on countless products from over 40 
countries, the potential for AD/CV duty evasion is vast, and hundreds 
of millions of AD/CV duties may be unaccounted for. Every penny counts 
and we have an obligation to the American businesses, and the workers 
they rely on, to do a better job.
  The U.S. Customs and Border Protection, or CBP, is the nation's 
frontline defense against unfair trade and is responsible for enforcing 
U.S. trade remedy laws and collecting AD/CV duties. Yet if you listen 
to the concerns of domestic producers, as I and many of my colleagues 
do, timely and effective enforcement of AD/CVD orders remains 
problematic and AD/CV duty evasion continues, seemingly unabated.
  I have enormous respect for the men and women of CBP who manage U.S. 
borders, and believe its new commissioner is committed to improving the 
trade enforcement and trade facilitation functions of CBP. When U.S. 
producers spend the time and resources to submit to CBP evidence of AD/
CVD evasion, CBP should be held accountable to acting on that evidence 
and communicating its actions to U.S. industry in a timely manner. It 
is not held accountable now to the degree it should be. I grow 
concerned that U.S. producers are spending too much time and resources 
trying to indentify unfair trade and help government agencies enforce 
the trade laws. American industry needs to be free to do what it does 
best, which is to innovate and produce goods that are competitive in 
free and fair markets.

  The bill I am introducing today, with my friend and colleague, 
Senator Snowe from Maine, will go a long way toward empowering the 
Federal Government to do a better job to combat the trade cheats and 
enforce U.S. trade laws. I'd like to highlight just a few of the main 
provisions.
  First, the ENFORCE Act will expand the U.S. Department of Commerce's 
authority to investigate circumvention to include misrepresented 
merchandise that might evade AD/CVD orders. As the agency tasked with 
investigating allegations of dumping and harmful government 
subsidization, Commerce has the industry and product expertise to 
investigate this type of AD/CVD circumvention. This bill will not 
diminish CBP's role; rather, it will bolster greater cooperation and 
information sharing between the two agencies to combat the unfair trade 
practices that hurt U.S. industry and its ability to create jobs.
  Second, the bill will create a process by which U.S. industry can 
submit to CBP a formal petition containing allegations of AD/CVD 
evasion, and CBP must reach a conclusive determination within a set 
time period. If it cannot, then the petition is transferred to the 
Department of Commerce for separate circumvention proceedings. The 
ENFORCE Act will require a greater level of responsiveness and 
accountability to U.S. producers while providing for increased 
collaboration between these two government agencies to improve 
enforcement of U.S. trade laws.
  Third, the bill will enhance information among the federal agencies 
once an importer is suspected of evading an AD/CVD order. Many of the 
same schemes importers employ to evade an AD/CVD order, like 
mislabeling, often shirk other regimes put in place to ensure that 
products are safe for consumption by American families. Enhanced 
information sharing will provide greater protection against imports 
that may cause harm to U.S. consumers.
  This bill presents a commonsense strategy to combat trade cheating 
and the evasion of antidumping and countervailing duty collection. 
Enforcing U.S. trade laws and combating unfair trade practices must be 
a central pillar of an economic and trade policy that is designed to 
promote economic growth and job expansion. I look forward to working 
with my colleagues in the Senate and with my friends in the House of 
Representatives to build support for this initiative and to take action 
on behalf of American producers.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3725

       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 ``Enforcing Orders and 
     Reducing Circumvention and Evasion Act of 2010''.

     SEC. 2. PROCEDURES FOR PREVENTION OF CIRCUMVENTION AND 
                   EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
                   ORDERS.

       (a) In General.--Title VII of the Tariff Act of 1930 (19 
     U.S.C. 1671 et seq.) is amended by inserting after section 
     781 the following:

     ``SEC. 781A. PROCEDURES FOR PREVENTION OF CIRCUMVENTION AND 
                   EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
                   ORDERS.

       ``(a) Definitions.--In this section:
       ``(1) Commissioner.--The term `Commissioner' means the 
     Commissioner responsible for U.S. Customs and Border 
     Protection.
       ``(2) Covered merchandise.--
       ``(A) In general.--The term `covered merchandise' means 
     merchandise that--
       ``(i) is subject to--

       ``(I) an antidumping duty order issued under section 736;
       ``(II) a finding issued under the Antidumping Act, 1921; or
       ``(III) a countervailing duty order issued under section 
     706; and

       ``(ii) is represented in any manner, including by 
     mislabeling, misidentification, or misreporting of the 
     merchandise, as merchandise that--

       ``(I) is not subject to such an order or finding; or
       ``(II) is subject to a lower rate of duty than the rate of 
     duty applicable to the merchandise under such an order or 
     finding.

       ``(B) Applicability to determinations of the administering 
     authority.--For purposes of investigations and determinations 
     of the administering authority under subsection (b), the 
     administering authority shall determine if merchandise is 
     covered merchandise without regard to the intent of the 
     importer.
       ``(b) Prevention by Administering Authority.--
       ``(1) Procedures for initiating investigations.--
       ``(A) Initiation by administering authority.--An 
     investigation under this subsection shall be initiated with 
     respect to merchandise imported into the United States 
     whenever the administering authority determines, from 
     information available to the administering authority, that an 
     investigation is warranted with respect to whether the 
     merchandise is covered merchandise.
       ``(B) Initiation by petition or referral.--
       ``(i) In general.--The administering authority shall 
     determine whether to initiate an investigation under this 
     subparagraph not later than 30 days after the date on which 
     the administering authority receives a petition described in 
     clause (ii) or a referral described in clause (iii).
       ``(ii) Petition described.--A petition described in this 
     clause is a petition that--

       ``(I) is filed with the administering authority by an 
     interested party specified in subparagraph (A), (C), (D), 
     (E), (F), or (G) of section 771(9);
       ``(II) alleges that merchandise imported into the United 
     States is covered merchandise; and
       ``(III) is accompanied by information reasonably available 
     to the petitioner supporting those allegations.

       ``(iii) Referral described.--A referral described in this 
     clause is a referral made by the Commissioner pursuant to 
     subsection (c)(2)(B).
       ``(2) Time limits for determinations.--
       ``(A) Preliminary determination.--
       ``(i) In general.--Not later than 30 days after the 
     administering authority initiates an investigation under 
     paragraph (1) with respect to merchandise, the administering 
     authority shall issue a preliminary determination, based on 
     information available to the administering authority at the 
     time of the determination, with respect to whether there

[[Page S6892]]

     is a reasonable basis to believe or suspect that the 
     merchandise is covered merchandise.
       ``(ii) Expedited procedures.--If the administering 
     authority determines that expedited action is warranted with 
     respect to an investigation initiated under paragraph (1), 
     the administering authority may publish the notice of 
     initiation of the investigation and the notice of the 
     preliminary determination in the Federal Register at the same 
     time.
       ``(B) Final determination by the administering authority.--
     The administering authority shall, to the maximum extent 
     practicable, issue a final determination with respect to 
     whether merchandise is covered merchandise not later than 180 
     days after the date on which the administering authority 
     initiates an investigation under paragraph (1) with respect 
     to the merchandise.
       ``(3) Access to information.--
       ``(A) Entry documents and records.--Upon receiving a 
     request from the administering authority, and not later than 
     the date on which the administering authority initiates an 
     investigation under paragraph (1) with respect to 
     merchandise, the Commissioner shall transmit to the 
     administering authority copies of the documentation and 
     information required by section 484(a)(1) with respect to the 
     entry of the merchandise.
       ``(B) Access of interested parties.--Not later than 10 
     business days after the date on which the administering 
     authority initiates an investigation under paragraph (1) with 
     respect to merchandise, the administering authority shall 
     provide to the authorized representative of each interested 
     party that filed a petition under paragraph (1) or otherwise 
     participates in a proceeding, pursuant to a protective order, 
     the copies of the entry documentation and information 
     received by the administering authority under subparagraph 
     (A).
       ``(4) Effect of affirmative preliminary determination.--If 
     the administering authority makes a preliminary determination 
     under paragraph (2)(A) that merchandise is covered 
     merchandise, the administering authority shall instruct U.S. 
     Customs and Border Protection--
       ``(A) to suspend liquidation of each entry of the 
     merchandise that--
       ``(i) enters on or after the date of the preliminary 
     determination; or
       ``(ii) enters before that date, if the liquidation of the 
     entry is not final on that date; and
       ``(B) to require the posting of a cash deposit for each 
     entry of the merchandise in an amount determined pursuant to 
     the order or finding described in subsection (a)(2)(A)(i), or 
     administrative review conducted under section 751, that 
     applies to the merchandise.
       ``(5) Effect of affirmative final determination.--
       ``(A) In general.--If the administering authority makes a 
     final determination under paragraph (2)(B) that merchandise 
     is covered merchandise, the administering authority shall 
     instruct U.S. Customs and Border Protection--
       ``(i) to assess duties on the merchandise in an amount 
     determined pursuant to the order or finding described in 
     subsection (a)(2)(A)(i), or administrative review conducted 
     under section 751, that applies to the merchandise;
       ``(ii) notwithstanding section 501, to reliquidate, in 
     accordance with such order, finding, or administrative 
     review, each entry of the merchandise that was liquidated--

       ``(I) on or after the date that is one year before the date 
     on which the investigation was initiated under paragraph (1) 
     with respect to the merchandise; and
       ``(II) before the date of the final determination; and

       ``(iii) to review and reassess the amount of bond or other 
     security the importer is required to post for such 
     merchandise entered on or after the date of the final 
     determination to ensure the protection of revenue and 
     compliance with the law.
       ``(B) Additional authority.--If the administering authority 
     makes a final determination under paragraph (2)(B) that 
     merchandise is covered merchandise, the administering 
     authority may instruct U.S. Customs and Border Protection to 
     require the importer of the merchandise to post a cash 
     deposit or bond on such merchandise entered on or after the 
     date of the final determination in an amount the 
     administering authority determines in the final determination 
     to be owed with respect to the merchandise.
       ``(6) Effect of negative final determination.--If the 
     administering authority makes a final determination under 
     paragraph (2)(B) that merchandise is not covered merchandise, 
     the administering authority shall terminate the suspension of 
     liquidation and refund any cash deposit imposed pursuant to 
     paragraph (4) with respect to the merchandise.
       ``(7) Special rule for cases in which the producer or 
     exporter is unknown.--If the administering authority is 
     unable to determine the actual producer or exporter of the 
     merchandise with respect to which the administering authority 
     initiated an investigation under paragraph (1), the 
     administering authority shall, in requiring the posting of a 
     cash deposit under paragraph (4) or assessing duties pursuant 
     to paragraph (5)(A), impose the cash deposit or duties (as 
     the case may be) in the highest amount applicable to any 
     producer or exporter of the merchandise pursuant to any order 
     or finding described in subsection (a)(2)(A)(i), or any 
     administrative review conducted under section 751.
       ``(8) Publication of determinations.--The administering 
     authority shall publish each preliminary determination made 
     under paragraph (2)(A) and each final determination made 
     under paragraph (2)(B) in the Federal Register.
       ``(9) Referrals to other agencies.--
       ``(A) After preliminary determination.--Notwithstanding 
     section 777 and subject to subparagraph (C), when the 
     administering authority makes an affirmative preliminary 
     determination under paragraph (2)(A), the administering 
     authority shall--
       ``(i) transmit the administrative record to the 
     Commissioner for such additional action as the Commissioner 
     determines appropriate, including proceedings under section 
     592; and
       ``(ii) at the request of the head of another agency, 
     transmit the administrative record to the head of that 
     agency.
       ``(B) After final determination.--Notwithstanding section 
     777 and subject to subparagraph (C), when the administering 
     authority makes an affirmative final determination under 
     paragraph (2)(B), the administering authority shall--
       ``(i) transmit the complete administrative record to the 
     Commissioner; and
       ``(ii) at the request of the head of another agency, 
     transmit the complete administrative record to the head of 
     that agency.
       ``(C) Protective orders.--Before transmitting the 
     administrative record with respect to a proceeding to the 
     Commissioner or the head of another agency under subparagraph 
     (A) or (B), the administering authority shall verify that 
     U.S. Customs and Border Protection or such other agency (as 
     the case may be) 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 subsection.
       ``(c) Prevention by U.S. Customs and Border Protection.--
       ``(1) Investigations.--Not later than 180 days after the 
     date of the enactment of the Enforcing Orders and Reducing 
     Circumvention and Evasion Act of 2010, the Commissioner, in 
     consultation with the Under Secretary for International Trade 
     of the Department of Commerce and subject to the requirements 
     of this subsection, shall establish procedures--
       ``(A) to permit an interested party specified in 
     subparagraph (A), (C), (D), (E), (F), or (G) of section 
     771(9) of the Tariff Act of 1930 (19 U.S.C. 1677(9)) to 
     submit to U.S. Customs and Border Protection a petition 
     alleging that an importer is importing covered merchandise 
     into the United States;
       ``(B) to investigate the allegations in a petition 
     submitted under subparagraph (A) and make determinations or 
     referrals under paragraph (2) with respect to those 
     allegations; and
       ``(C) to notify the interested party that submitted the 
     petition of the determination or referral (as the case may 
     be) and the outcome of the investigation.
       ``(2) Determinations; referrals.--Not later than 60 days 
     after a petition is submitted under paragraph (1)(B), the 
     Commissioner shall--
       ``(A) make a determination with respect to whether an 
     importer is importing covered merchandise into the United 
     States based on whether the Commissioner has a reasonable 
     basis to believe or suspect that the importer is importing 
     such merchandise; or
       ``(B) if the Commissioner is unable to make such a 
     determination--
       ``(i) refer the matter to the administering authority for 
     additional proceedings under subsection (b); and
       ``(ii) transmit to the administering authority--

       ``(I) the petition submitted under paragraph (1)(A);
       ``(II) copies of the entry documents and information 
     required by section 484(a)(1) relating to the merchandise; 
     and
       ``(III) to the extent otherwise permitted by law, any 
     additional records or information that the Commissioner 
     considers appropriate.

       ``(3) Suspension of liquidation and deposit requirement.--
       ``(A) In general.--If the Commissioner makes a 
     determination under paragraph (2) that an importer is 
     importing covered merchandise into the United States, the 
     Commissioner shall--
       ``(i) suspend liquidation of each entry of the merchandise 
     that--

       ``(I) enters on or after the date of the determination; or
       ``(II) enters before that date, if the liquidation of the 
     entry is not final on that date; and

       ``(ii) with respect to each entry of the merchandise 
     referred to in clause (i), require the posting of a cash 
     deposit, assess any duties, and impose any other requirements 
     that are applicable to the merchandise under an order or 
     finding described in subsection (a)(2)(A)(i) or pursuant to 
     an administrative review conducted under section 751.
       ``(B) Special rule for cases in which the producer or 
     exporter is unknown.--If the Commissioner is unable to 
     determine the actual producer or exporter of merchandise with 
     respect to which the Commissioner initiated an investigation 
     under paragraph (1)(B), the Commissioner shall, in requiring 
     the posting of a cash deposit or assessing duties under 
     subparagraph (A)(ii), impose the cash deposit or duties (as 
     the case may be) in

[[Page S6893]]

     the highest amount applicable to any producer or exporter of 
     the merchandise pursuant to an order or finding described in 
     subsection (a)(2)(A)(i) or an administrative review conducted 
     under section 751.
       ``(d) Cooperation Between U.S. Customs and Border 
     Protection and the Department of Commerce.--
       ``(1) Notification of investigations.--
       ``(A) Investigations by administering authority.--Upon 
     receiving a petition and upon initiating an investigation 
     under subsection (b), the administering authority shall 
     notify the Commissioner.
       ``(B) Investigations by u.s. customs and border 
     protection.--Upon initiating an investigation under 
     subsection (c), the Commissioner shall notify the 
     administering authority.
       ``(2) Procedures for cooperation.--Not later than 180 days 
     after the date of the enactment of the Enforcing Orders and 
     Reducing Circumvention and Evasion Act of 2010, the 
     Commissioner and the administering authority shall establish 
     procedures to ensure maximum cooperation and communication 
     between U.S. Customs and Border Protection and the 
     administering authority in order to quickly, efficiently, and 
     accurately investigate allegations of circumvention or 
     evasion of antidumping and countervailing duty orders.
       ``(e) Annual Report on Preventing Circumvention and Evasion 
     of Antidumping and Countervailing Duty Orders.--
       ``(1) In general.--Not later than February 28 of each year 
     beginning in 2012, the Under Secretary for International 
     Trade of the Department of Commerce and the Commissioner 
     shall jointly submit to the Committee on Finance and the 
     Committee on Appropriations of the Senate and the Committee 
     on Ways and Means and the Committee on Appropriations of the 
     House of Representatives a report on the efforts being taken 
     under subsections (b) and (c) to prevent circumvention and 
     evasion of antidumping and countervailing duty orders.
       ``(2) Contents.--Each report required by paragraph (1) 
     shall include, for the year preceding the submission of the 
     report--
       ``(A)(i) the number of investigations initiated pursuant to 
     subsection (b); and
       ``(ii) a description of such investigations, including--
       ``(I) the results of such investigations; and
       ``(II) the amount of antidumping and countervailing duties 
     collected as a result of such investigations;
       ``(B)(i) the number of petitions submitted pursuant to 
     subsection (c)(1); and
       ``(ii) a description of the investigations initiated by 
     U.S. Customs and Border Protection pursuant to subsection (c) 
     and any enforcement actions related to the investigations, 
     including--
       ``(I) the results of the investigations; and
       ``(II) the amount of antidumping and countervailing duties 
     collected as a result of the investigations;
       ``(C)(i) the number of inquiries initiated pursuant to 
     section 781; and
       ``(ii) a description of such inquiries, including--
       ``(I) the results of such inquiries; and
       ``(II) the amount of antidumping and countervailing duties 
     collected as a result of such inquiries; and
       ``(D) a description of investigations initiated by other 
     Federal agencies as a result of referrals under subsection 
     (b)(10).''.
       (b) Technical Amendment.--The table of contents for title 
     VII of the Tariff Act of 1930 is amended by inserting after 
     the item relating to section 781 the following:

``Sec. 781A. Procedures for prevention of circumvention and evasion of 
              antidumping and countervailing duty orders.''.

       (c) Judicial Review.--Section 516A(a)(2) of the Tariff Act 
     of 1930 (19 U.S.C. 1516a(a)(2)) is amended--
       (1) in subparagraph (A)(i)(I), by striking ``or (viii)'' 
     and inserting ``(viii), or (ix)''; and
       (2) in subparagraph (B), by inserting at the end the 
     following:
       ``(ix) A determination by the administering authority or 
     the Commissioner responsible for U.S. Customs and Border 
     Protection under section 781A.''.
       (d) Time Limits for Determinations of Circumvention.--
     Section 781(f) of the Tariff Act of 1930 (19 U.S.C. 1677(f)) 
     is amended by striking ``, to the maximum extent 
     practicable,''.
       (e) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act--
       (1) the Secretary of Commerce shall prescribe such 
     regulations as may be necessary to carry out subsection (b) 
     of section 781A of the Tariff Act of 1930 (as added by 
     subsection (a) of this section); and
       (2) the Commissioner responsible for U.S. Customs and 
     Border Protection shall prescribe such regulations as may be 
     necessary to carry out subsection (c) of such section 781A.
       (f) Effective Date.--The amendments made by this section 
     shall--
       (1) take effect on the date that is 180 days after the date 
     of the enactment of this Act; and
       (2) apply with respect to merchandise entered on or after 
     such date of enactment.

     SEC. 3. MODIFICATIONS TO PROTECTIVE ORDERS.

       Section 777(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 
     1677f(c)(1)(B)) is amended to read as follows:
       ``(B) Protective order.--
       ``(i) In general.--Except as specifically provided in this 
     subparagraph, the protective order under which information is 
     made available shall contain such requirements as the 
     administering authority or the Commission may determine by 
     regulation to be appropriate. The administering authority and 
     the Commission shall provide by regulation for such sanctions 
     as the administering authority and the Commission determine 
     to be appropriate, including disbarment from practice before 
     the agency.
       ``(ii) Concurrent proceedings.--In the case of concurrent 
     proceedings covering the same subject merchandise conducted 
     pursuant to subtitles A and B of this title, a single 
     protective order shall be issued for both proceedings.
       ``(iii) Applicability to proceedings before u.s. customs 
     and border protection.--A protective order issued pursuant to 
     this paragraph shall authorize the use of business 
     proprietary information made available pursuant to a 
     protective order in proceedings before U.S. Customs and 
     Border Protection.''.

     SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

       Not later than 2 years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the Committee on Finance and the Committee on 
     Appropriations of the Senate and the Committee on Ways and 
     Means and the Committee on Appropriations of the House of 
     Representatives a report assessing the effectiveness of--
       (1) the provisions of, and amendments made by, this Act; 
     and
       (2) the actions taken and procedures developed by the 
     Secretary of Commerce and the Commissioner responsible for 
     U.S. Customs and Border Protection pursuant to such 
     provisions and amendments to prevent circumvention and 
     evasion of antidumping and countervailing duty orders under 
     title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).

     SEC. 5. ALLOCATION OF U.S. CUSTOMS AND BORDER PROTECTION 
                   PERSONNEL.

       The Commissioner responsible for U.S. Customs and Border 
     Protection shall, to the maximum extent practicable, ensure 
     that U.S. Customs and Border Protection--
       (1) employs sufficient personnel who have expertise and 
     responsibility for preventing the importation of merchandise 
     in a manner that evades antidumping and countervailing duty 
     orders issued under title VII of the Tariff Act of 1930 (19 
     U.S.C. 1671 et seq.); and
       (2) assigns sufficient personnel with primary 
     responsibility for preventing the importation of merchandise 
     in a manner that evades antidumping and countervailing duty 
     orders to the ports of entry in the United States at which 
     the Commissioner determines the largest quantity of 
     merchandise imported in such a manner entered the United 
     States during the most recent 2-year period for which data 
     are available.

     SEC. 6. APPLICATION TO CANADA AND MEXICO.

       Pursuant to article 1902 of the North American Free Trade 
     Agreement and section 408 of the North American Free Trade 
     Agreement Implementation Act, the amendments made by this Act 
     shall apply with respect to goods from Canada and Mexico.
                                 ______