[Congressional Record Volume 157, Number 74 (Thursday, May 26, 2011)]
[Senate]
[Pages S3444-S3448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Ms. Snowe, Mrs. McCaskill, Mr. Blunt, 
        Mr. Brown of Ohio, Mr. Portman, and Mr. Schumer):
  S. 1133. A bill to prevent the evasion of antidumping and 
countervailing duty orders, and for other purposes; to the Committee on 
Finance.
  Mr. WYDEN. Mr. President, President, I rise today to introduce the 
Enforcing Orders and Reducing Circumvention and Evasion Act, or the 
ENFORCE Act, of 2011.
  For almost a century, Democratic and Republican Administrations have 
promoted and protected America's anti-dumping and countervailing duty 
laws. These laws recognize the reality that foreign competitors don't 
always play by the rules. Some employ unfair and unscrupulous trade 
practices that put American businesses at a serious disadvantage. So, 
when it comes to ensuring that American businesses and workers have a 
level playing field to compete, anti-dumping and countervailing duty 
laws are the first line of defense.
  But it is not enough to just pass these laws; they need to be 
enforced. Duties don't work unless they are assessed and collected. But 
just like some people cheat their way out of taxes, the same is true 
for foreign supplies and dishonest importers who evade and flout the 
anti-dumping and countervailing duties that protect American business 
and workers from grievous economic harm.
  These suppliers and importers are what I call trade cheats.
  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.
  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 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 they engage in schemes to mislabel and misrepresent imports.
  In recognizing this problem, I convened a hearing in the subcommittee 
on international trade, customs and global competitiveness entitled 
``Enforcing America's Trade Laws in the Face of Customs Fraud and Duty 
Evasion'' in May of this year. At this hearing we heard from Senators 
of both political parties and companies from across this nation about 
their concerns regarding this lack of enforcement. Others launched 
their own investigation into the matter.
  My own staff on the Finance Subcommittee on Trade, Customs and 
Competitiveness learned that if often takes Customs and Border 
Protection, CBP, nearly a year to ask its sister agencies for 
investigatory help when it is needed and when CBP does refer a case to 
an outside agency they don't follow-up to ensure that it gets handled. 
It generally takes several years for the government to conclude an 
investigation into evasion and reassess the appropriate duties that 
should have been collected.

  Customs and Border Protection, 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, like those who testified at my hearing, timely and 
effective enforcement of AD/CVD orders remains problematic and AD/CV 
duty evasion continues, seemingly unabated.
  While Immigration and Customs Enforcement, or ICE, and CBP are 
dragging their feet to enforce our trade laws, this country's domestic 
manufacturers are being hammered by foreign trade cheats. It is not 
like the cheaters wait around to get caught and pay their fines, they 
disappear long before the so called government watchdogs arrive. ICE 
and CBP are the two principal American government agencies that are 
supposed to police this beat. In my view, one of them, CBP, treats 
allegations of duty evasion like junk mail. The other, Immigration and 
Customs Enforcement, has been more visible on the issue of alleged 
illegal movie downloads than taking steps to protect tens of thousands 
of manufacturing jobs that are threatened by unfair trade.
  Such lollygagging is not only hurting our domestic producer, it is 
hurting our country's treasury. U.S. industry sources estimate that 
approximately

[[Page S3445]]

$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 bill I am introducing today, with Senators Snowe, McCaskill, 
Blunt, Brown from Ohio, Portman, and Schumer, 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 would like to highlight 
just a few of the main provisions.
  First, the ENFORCE Act would formalize a process by which allegations 
of evasion are acted on. Because CBP primarily relies on the private 
sector to identify evasion of AD/CVD, the ENFORCE Act would formalize 
that process by allowing stakeholders to file a petition alleging 
evasion and require CBP to initiate an investigation pursuant to the 
petition within 10 days.
  Second, our bill would establish a rapid-response timeline by which 
CBP would investigate allegations of evasion. The ENFORCE Act would 
give the CBP 90 days, after an investigation of evasion begins, to make 
a preliminary determination into whether there is a reason to believe 
an importer is evading an AD/CVD order. So if an affirmative 
preliminary determination is made, AD/CV duties would be required to be 
collected in cash until the investigation is concluded and any entries 
of subject merchandise would not be liquidated by CBP in order to 
ensure that the correct amount of duties owed can be collected. CBP 
would also be required to make a final determination as to whether 
merchandise subject to an investigation under the bill entered into the 
U.S. through an evasion scheme within 120 days after CBP has issued a 
preliminary determination. Flexibilities are added to these timelines 
for cases that are complex. All of this would put an end to the 
lollygagging that our domestic producers would desperately like to see 
ended.
  Third, the ENFORCE Act would help facilitate information sharing. Our 
bill would establish clear instruction and guidelines to promote 
appropriate information sharing among the various agencies to better 
combat evasion and protect consumers from unsafe goods. Everyone knows 
that the more information law enforcement agencies have, the better 
they are able to do their jobs.
  Last and certainly not least, our bill would establish 
accountability. CBP's broad mandate to facilitate trade, enforce trade 
remedy laws, and protect national security often leads to inconsistent 
efforts to combat evasion of the trade remedy laws. The ENFORCE Act 
would require CBP to provide annual reports to us here in Congress 
about the effectiveness of its enforcement efforts and the job it is 
required to do to protect American producers from the harm of unfairly 
traded imports.
  As you can see, this bill presents a common-sense 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, especially as 
we continue to recover from a recession.
  I want to take a moment to recognize and thank some terrific 
colleagues of mine in the Senate that are joining me in introducing 
this legislation. I thank you, and your staff, for your help and for 
your efforts. I would also like to thank the Retail Industry Leaders 
Association, the Committee to Support U.S. Trade Laws, and the 
Coalition to Enforce Antidumping & Countervailing Duty Orders for their 
valuable input. I look forward to more of their input going forward.
  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. 1133

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Enforcing 
     Orders and Reducing Customs Evasion Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                          TITLE I--PROCEDURES

Sec. 101. Procedures for investigating claims of evasion of antidumping 
              and countervailing duty orders.
Sec. 102. Application to Canada and Mexico.

                        TITLE II--OTHER MATTERS

Sec. 201. Definitions.
Sec. 202. Allocation of U.S. Customs and Border Protection personnel.
Sec. 203. Regulations.
Sec. 204. Annual report on prevention of evasion of antidumping and 
              countervailing duty orders.
Sec. 205. Government Accountability Office report on reliquidation 
              authority.

                          TITLE I--PROCEDURES

     SEC. 101. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF 
                   ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

       (a) In General.--The Tariff Act of 1930 is amended by 
     inserting after section 516A (19 U.S.C. 1516a) the following:

     ``SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION 
                   OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

       ``(a) Definitions.--In this section:
       ``(1) Administering authority.--The term `administering 
     authority' has the meaning given that term in section 771(1).
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Finance and the Committee on 
     Appropriations of the Senate; and
       ``(B) the Committee on Ways and Means and the Committee on 
     Appropriations of the House of Representatives.
       ``(3) Commissioner.--The term `Commissioner' means the 
     Commissioner responsible for U.S. Customs and Border 
     Protection.
       ``(4) Covered merchandise.--The term `covered merchandise' 
     means merchandise that is subject to--
       ``(A) an antidumping duty order issued under section 736;
       ``(B) a finding issued under the Antidumping Act, 1921; or
       ``(C) a countervailing duty order issued under section 706.
       ``(5) Enter; entry.--The terms `enter' and `entry' refer to 
     the entry, or withdrawal from warehouse for consumption, in 
     the customs territory of the United States.
       ``(6) Evade; 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 information, written or 
     oral statement, or act that is material and false, or any 
     omission that is material, 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 merchandise.
       ``(7) Interested party.--The term `interested party' has 
     the meaning given that term in section 771(9).
       ``(b) Procedures for Investigating Allegations of 
     Evasion.--
       ``(1) Initiation by petition or referral.--
       ``(A) In general.--Not later than 10 days after the date on 
     which the Commissioner receives a petition described in 
     subparagraph (B) or a referral described in subparagraph (C), 
     the Commissioner shall initiate an investigation pursuant to 
     this paragraph if the Commissioner determines that the 
     information provided in the petition or the referral, as the 
     case may be, is accurate and reasonably suggests that covered 
     merchandise has been entered into the customs territory of 
     the United States through evasion.
       ``(B) Petition described.--A petition described in this 
     subparagraph is a petition that--
       ``(i) is filed with the Commissioner by any party who is an 
     interested party with respect to covered merchandise;
       ``(ii) alleges that a person has entered covered 
     merchandise into the customs territory of the United States 
     through evasion; and
       ``(iii) is accompanied by information reasonably available 
     to the petitioner supporting the allegation.
       ``(C) Referral described.--A referral described in this 
     subparagraph is information submitted to the Commissioner by 
     any other Federal agency, including the Department of 
     Commerce or the United States International Trade Commission, 
     indicating that a person has entered covered merchandise into 
     the customs territory of the United States through evasion.
       ``(2) Determinations.--
       ``(A) Preliminary determination.--
       ``(i) In general.--Not later than 90 days after the date on 
     which the Commissioner

[[Page S3446]]

     initiates an investigation under paragraph (1), the 
     Commissioner shall issue a preliminary determination, based 
     on information available to the Commissioner at the time of 
     the determination, 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 evasion.
       ``(ii) Extension.--The Commissioner may extend by not more 
     than 45 days the time period specified in clause (i) 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 complex.
       ``(B) Final determination.--
       ``(i) In general.--Not later than 120 days after making a 
     preliminary determination under subparagraph (A), the 
     Commissioner shall make a final determination, based on 
     substantial evidence, with respect to whether covered 
     merchandise was entered into the customs territory of the 
     United States through evasion.
       ``(ii) Extension.--The Commissioner may extend by not more 
     than 60 days the time period specified in clause (i) 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 complex.
       ``(C) Opportunity for comment; hearing.--Before issuing a 
     preliminary determination under subparagraph (A) or a final 
     determination under subparagraph (B) with respect to whether 
     covered merchandise was entered into the customs territory of 
     the United States through evasion, the Commissioner shall--
       ``(i) provide any person alleged to have entered the 
     merchandise into the customs territory of the United States 
     through evasion, and any person that is an interested party 
     with respect to the merchandise, with an opportunity to be 
     heard;
       ``(ii) upon request, hold a hearing with respect to whether 
     the covered merchandise was entered into the customs 
     territory of the United States through evasion; and
       ``(iii) provide an opportunity for public comment.
       ``(D) Authority to collect and verify additional 
     information.--In making a preliminary determination under 
     subparagraph (A) or a final determination under subparagraph 
     (B), the Commissioner--
       ``(i) shall exercise all existing authorities to collect 
     information needed to make the determination; and
       ``(ii) may collect such additional information as is 
     necessary to make the determination through such methods as 
     the Commissioner considers appropriate, including by--

       ``(I) issuing a questionnaire with respect to covered 
     merchandise to--

       ``(aa) a person that filed a petition under paragraph 
     (1)(B);
       ``(bb) a person alleged to have entered covered merchandise 
     into the customs territory of the United States through 
     evasion; or
       ``(cc) any other person that is an interested party with 
     respect to the covered merchandise; or

       ``(II) conducting verifications, including on-site 
     verifications, of any relevant information.

       ``(E) Adverse inference.--
       ``(i) In general.--If the Commissioner finds that a person 
     that filed a petition under paragraph (1)(B), a person 
     alleged to have entered covered merchandise into the customs 
     territory of the United States through evasion, or a foreign 
     producer or exporter, has failed to cooperate by not acting 
     to the best of the person's ability to comply with a request 
     for information, the Commissioner may, in making a 
     preliminary determination under subparagraph (A) or a final 
     determination under subparagraph (B), 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 occurred.
       ``(ii) Adverse inference described.--An adverse inference 
     used under clause (i) may include reliance on information 
     derived from--

       ``(I) the petition, if any, submitted under paragraph 
     (1)(B) with respect to the covered merchandise;
       ``(II) a determination by the Commissioner in another 
     investigation under this section;
       ``(III) an investigation or review by the administering 
     authority under title VII; or
       ``(IV) any other information placed on the record.

       ``(F) Notification and publication.--Not later than 7 days 
     after making a preliminary determination under subparagraph 
     (A) or a final determination under subparagraph (B), the 
     Commissioner shall--
       ``(i) provide notification of the determination to--

       ``(I) the administering authority; and
       ``(II) the person that submitted the petition under 
     paragraph (1)(B) or the Federal agency that submitted the 
     referral under paragraph (1)(C); and

       ``(ii) provide the determination for publication in the 
     Federal Register.
       ``(3) Business proprietary information.--
       ``(A) Establishment of procedures.--For each investigation 
     initiated under paragraph (1), the Commissioner shall 
     establish procedures for the submission of business 
     proprietary information under an administrative protective 
     order that--
       ``(i) protects against public disclosure of such 
     information; and
       ``(ii) for purposes of submitting comments to the 
     Commissioner, provides limited access to such information 
     for--

       ``(I) the person that submitted the petition under 
     paragraph (1)(B) or the Federal agency that submitted the 
     referral under paragraph (1)(C); and
       ``(II) the person alleged to have entered covered 
     merchandise into the customs territory of the United States 
     through evasion.

       ``(B) Administration in accordance with other procedures.--
     The procedures established under subparagraph (A) shall be 
     administered--
       ``(i) to the maximum extent practicable, in a manner 
     similar to the manner in which the administering authority 
     administers the administrative protective order procedures 
     under section 777;
       ``(ii) in accordance with section 1905 of title 18, United 
     States Code; and
       ``(iii) in a manner that is consistent with the obligations 
     of the United States under the Agreement on Implementation of 
     Article VII of the General Agreement on Tariffs and Trade 
     1994 (referred to in section 101(d)(8) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3511(d)(8)) (relating to customs 
     valuation).
       ``(C) Disclosure of business proprietary information.--The 
     Commissioner shall, in accordance with the procedures 
     established under subparagraph (A) and consistent with 
     subparagraph (B), make all business proprietary information 
     presented to, or obtained by, the Commissioner during an 
     investigation available to the persons specified in 
     subparagraph (A)(ii) under an administrative protective 
     order, regardless of when such information is submitted 
     during an investigation.
       ``(4) Referrals to other federal agencies.--
       ``(A) After preliminary determination.--Notwithstanding 
     section 777 and subject to subparagraph (C), when the 
     Commissioner makes an affirmative preliminary determination 
     under paragraph (2)(A), the Commissioner shall, at the 
     request of the head of another Federal 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 Commissioner 
     makes an affirmative final determination under paragraph 
     (2)(B), the Commissioner shall, at the request of the head of 
     another Federal agency, transmit the complete administrative 
     record to the head of that agency.
       ``(C) Protective orders.--Before transmitting an 
     administrative record to the head of another Federal agency 
     under subparagraph (A) or (B), 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 subsection.
       ``(c) Effect of Determinations.--
       ``(1) Effect of affirmative preliminary determination.--If 
     the Commissioner makes a preliminary determination in 
     accordance with subsection (b)(2)(A) that there is a 
     reasonable basis to believe or suspect that covered 
     merchandise was entered into the customs territory of the 
     United States through evasion, the Commissioner shall--
       ``(A) 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 (1);
       ``(B) review and reassess the amount of bond or other 
     security the importer is required to post for each entry of 
     merchandise described in subparagraph (A);
       ``(C) require the posting of a cash deposit with respect to 
     each entry of merchandise described in subparagraph (A); and
       ``(D) 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 (A) as a result of a final determination under 
     subsection (b)(2)(B).
       ``(2) Effect of negative preliminary determination.--If the 
     Commissioner makes a preliminary determination in accordance 
     with subsection (b)(2)(A) 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 evasion, the Commissioner shall continue the 
     investigation and notify the administering authority pending 
     a final determination under subsection (b)(2)(B).
       ``(3) Effect of affirmative final determination.--If the 
     Commissioner makes a final determination in accordance with 
     subsection (b)(2)(B) that covered merchandise was entered 
     into the customs territory of the United States through 
     evasion, the Commissioner shall--
       ``(A) suspend or continue to suspend, as the case may be, 
     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;
       ``(B) notify the administering authority of the 
     determination and request that the administering authority--
       ``(i) identify the applicable antidumping or countervailing 
     duty assessment rate for the entries for which liquidation is 
     suspended under paragraph (1)(A) or subparagraph (A) of this 
     paragraph; or
       ``(ii) if no such assessment rates are available at the 
     time, identify the applicable cash

[[Page S3447]]

     deposit rate to be applied to the entries described in 
     subparagraph (A), with the applicable antidumping or 
     countervailing duty assessment rates to be provided as soon 
     as such rates become available;
       ``(C) require the posting of cash deposits and assess 
     duties on each entry of merchandise described in subparagraph 
     (A) in accordance with the instructions received from the 
     administering authority under paragraph (5);
       ``(D) review and reassess the amount of bond or other 
     security the importer is required to post for merchandise 
     described in subparagraph (A) to ensure the protection of 
     revenue and compliance with the law; and
       ``(E) take such additional enforcement measures as the 
     Commissioner determines appropriate, such as--
       ``(i) initiating proceedings under section 592 or 596;
       ``(ii) implementing, in consultation with the relevant 
     Federal agencies, rule sets or modifications to rules sets 
     for identifying, particularly through the Automated Targeting 
     System and the Automated Commercial Environment, importers, 
     other parties, and merchandise that may be associated with 
     evasion;
       ``(iii) requiring, with respect to merchandise for which 
     the importer has repeatedly provided incomplete or erroneous 
     entry summary information in connection with determinations 
     of evasion, the importer to submit entry summary 
     documentation and to deposit estimated duties at the time of 
     entry;
       ``(iv) referring the record in whole or in part to U.S. 
     Immigration and Customs Enforcement for civil or criminal 
     investigation; and
       ``(v) transmitting the administrative record to the 
     administering authority for further appropriate proceedings.
       ``(4) Effect of negative final determination.--If the 
     Commissioner makes a final determination in accordance with 
     subsection (b)(2)(B) that covered merchandise was not entered 
     into the customs territory of the United States through 
     evasion, the Commissioner shall terminate the suspension of 
     liquidation pursuant to paragraph (1)(A) and refund any cash 
     deposits collected pursuant to paragraph (1)(C) that are in 
     excess of the cash deposit rate that would otherwise have 
     been applicable the merchandise.
       ``(5) Cooperation of administering authority.--
       ``(A) In general.--Upon receiving a notification from the 
     Commissioner under paragraph (3)(B), 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 instructions.
       ``(B) 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 (3)(B), the administering authority shall 
     identify, as the applicable cash deposit rate or antidumping 
     or countervailing duty assessment rate, the cash deposit or 
     duty (as the case may be) in the highest amount applicable to 
     any producer or exporter, including the `all-others' rate of 
     the merchandise subject to an antidumping order or 
     countervailing duty order under section 736 or 706, 
     respectively, or a finding issued under the Antidumping Act, 
     1921, or any administrative review conducted under section 
     751.
       ``(d) Special Rules.--
       ``(1) Effect on other authorities.--Neither the initiation 
     of an investigation under subsection (b)(1) nor a preliminary 
     determination or a final determination under subsection 
     (b)(2) shall affect the authority of the Commissioner--
       ``(A) to pursue such other enforcement measures with 
     respect to the evasion of antidumping or countervailing 
     duties as the Commissioner determines necessary, including 
     enforcement measures described in clauses (i) through (iv) of 
     subsection (c)(3)(E); or
       ``(B) to assess any penalties or collect any applicable 
     duties, taxes, and fees, including pursuant to section 592.
       ``(2) Effect of determinations on fraud actions.--Neither a 
     preliminary determination nor a final determination under 
     subsection (b)(2) shall be determinative in a proceeding 
     under section 592.
       ``(3) 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--
       ``(A) intended to violate an antidumping duty order or 
     countervailing duty order under section 736 or 706, 
     respectively, or a finding issued under the Antidumping Act, 
     1921; or
       ``(B) exercised reasonable care with respect to avoiding a 
     violation of such an order or finding.''.
       (b) Technical Amendment.--Clause (ii) of section 
     777(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 
     1677f(b)(1)(A)) is amended to read as follows:
       ``(ii) to an officer or employee of U.S. Customs and Border 
     Protection who is directly involved in conducting an 
     investigation regarding fraud under this title or claims of 
     evasion under section 516B.''.
       (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)--
       (A) in clause (i)(III), by striking ``or'' at the end;
       (B) in clause (ii), by adding ``or'' at the end; and
       (C) by inserting after clause (ii) the following:
       ``(iii) the date of publication in the Federal Register of 
     a determination described in clause (ix) of subparagraph 
     (B),''; and
       (2) in subparagraph (B), by adding at the end the following 
     new clause:
       ``(ix) A determination by the Commissioner responsible for 
     U.S. Customs and Border Protection under section 516B that 
     merchandise has been entered into the customs territory of 
     the United States through evasion.''.
       (d) Finality of Determinations.--Section 514(b) of the 
     Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended by striking 
     ``section 303'' and all that follows through ``which are 
     reviewable'' and inserting ``section 516B or title VII that 
     are reviewable''.

     SEC. 102. 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 (19 U.S.C. 3438), the amendments 
     made by this title shall apply with respect to goods from 
     Canada and Mexico.

                        TITLE II--OTHER MATTERS

     SEC. 201. DEFINITIONS.

       In this title, the terms ``appropriate congressional 
     committees'', ``Commissioner'', ``covered merchandise'', 
     ``enter'' and ``entry'', and ``evade'' and ``evasion'' have 
     the meanings given those terms in section 516B(a) of the 
     Tariff Act of 1930 (as added by section 101 of this Act).

     SEC. 202. ALLOCATION OF U.S. CUSTOMS AND BORDER PROTECTION 
                   PERSONNEL.

       (a) Reassignment and Allocation.--The Commissioner shall, 
     to the maximum extent possible, ensure that U.S. Customs and 
     Border Protection--
       (1) employs sufficient personnel who have expertise in, and 
     responsibility for, preventing the entry of covered 
     merchandise into the customs territory of the United States 
     through evasion; and
       (2) on the basis of risk assessment metrics, 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 States.
       (b) Commercial Enforcement Officers.--Not later than 
     September 30, 2011, the Secretary of Homeland Security, the 
     Commissioner, and the Assistant Secretary for U.S. 
     Immigration and Customs Enforcement shall assess and properly 
     allocate the resources of U.S. Customs and Border Protection 
     and U.S. Immigration and Customs Enforcement--
       (1) to effectively implement the provisions of, and 
     amendments made by, this Act; and
       (2) to improve efforts to investigate and combat evasion.

     SEC. 203. REGULATIONS.

       (a) In General.--Not later than 240 days after the date of 
     the enactment of this Act, the Commissioner shall issue 
     regulations to carry out this title and the amendments made 
     by title I.
       (b) Cooperation Between U.S. Customs and Border Protection, 
     U.S. Immigration and Customs Enforcement, and Department of 
     Commerce.--Not later than 240 days after the date of the 
     enactment of this Act, the Commissioner, the Assistant 
     Secretary for U.S. Immigration and Customs Enforcement, and 
     the Secretary of Commerce shall establish procedures to 
     ensure maximum cooperation and communication between U.S. 
     Customs and Border Protection, U.S. Immigration and Customs 
     Enforcement, and the Department of Commerce in order to 
     quickly, efficiently, and accurately investigate allegations 
     of evasion under section 516B of the Tariff Act of 1930 (as 
     added by section 101 of this Act).

     SEC. 204. ANNUAL REPORT ON PREVENTION OF EVASION OF 
                   ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

       (a) In General.--Not later than February 28 of each year, 
     beginning in 2012, the Commissioner, in consultation with the 
     Secretary of Commerce, shall submit to the appropriate 
     congressional committees a report on the efforts being taken 
     pursuant to section 516B of the Tariff Act of 1930 (as added 
     by section 101 of this Act) to prevent the entry of covered 
     merchandise into the customs territory of the United States 
     through evasion.
       (b) Contents.--Each report required under subsection (a) 
     shall include--
       (1) for the fiscal year preceding the submission of the 
     report--
       (A) the number and a brief description of petitions and 
     referrals received pursuant to section 516B(b)(1) of the 
     Tariff Act of 1930 (as added by section 101 of this Act);
       (B) the results of the investigations initiated under such 
     section, including any related enforcement actions, and the 
     amount of antidumping and countervailing duties collected as 
     a result of those investigations; and
       (C) to the extent appropriate, a summary of the efforts of 
     U.S. Customs and Border Protection, other than efforts 
     initiated pursuant section 516B of the Tariff Act of 1930

[[Page S3448]]

     (as added by section 101 of this Act), to prevent the entry 
     of covered merchandise into the customs territory of the 
     United States through evasion; and
       (2) for the 3 fiscal years preceding the submission of the 
     report, an estimate of--
       (A) the amount of covered merchandise that entered the 
     customs territory of the United States through evasion; and
       (B) 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 merchandise.

     SEC. 205. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON 
                   RELIQUIDATION AUTHORITY.

       Not later than 60 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the appropriate congressional committees, and make 
     available to the public, 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 2009 and 2010 because the 
     Commissioner did not have the authority to reliquidate the 
     entries of such merchandise.
                                 ______