[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[Extensions of Remarks]
[Page 22991]
[From the U.S. Government Publishing Office, www.gpo.gov]




   INTRODUCTION OF THE ENFORCING ORDERS AND REDUCING CUSTOMS EVASION 
                         (ENFORCE) ACT OF 2010

                                 ______
                                 

                         HON. LINDA T. SANCHEZ

                             of california

                    in the house of representatives

                       Friday, December 17, 2010

  Ms. LINDA T. SANCHEZ of California. Madam Speaker, today, joined by 
Representatives Walter Jones and Mark Critz, I introduce the Enforcing 
Orders and Reducing Customs Evasion Act, or the ENFORCE Act. This 
legislation is critical to improving our ability to enforce trade laws.
  This bill is about protecting American businesses and the workers 
that keep those businesses thriving.
  Unfortunately, under current law, too many foreign producers flout 
our trade laws. Too many ship mislabeled goods to the U.S. to avoid 
paying legally imposed anti-dumping or countervailing duties. And they 
do this with impunity, rarely paying a price for their crimes.
  Many of these fraudsters even have websites advertising how, for a 
fee, they can help you avoid paying the duties legally owed the United 
States. In November, my colleague Senator Wyden of Oregon, published a 
useful report identifying 12 such Chinese companies.
  Most of these companies' evasion schemes involve illegal 
transshipment through a third country and falsified country-of-origin 
certificates for Chinese products destined for the United States and 
other export markets.
  This dishonest conduct robs the American people and our federal 
coffers of money rightly owed. But perhaps more importantly, it gives 
these deceitful actors an advantage over American businesses. It has 
forced hundreds of businesses, in my district and others, to 
permanently close their doors.
  Too many businesses like Michel's Furniture in Lynwood, California, 
in my own district, have shut their doors because through duty evasion, 
foreign products receive an unfair and illegal price advantage over our 
homegrown, American products.
  That is why I am proud to introduce the bi-partisan ENFORCE Act.
  The ENFORCE Act strengthens the ability of the Bureau of Customs and 
Border Protection, CBP, to combat duty evasion by foreign 
manufacturers. For the first time, domestic producers will have the 
opportunity to formally petition CBP to investigate possible anti-
dumping and countervailing duty evasions.
  The ENFORCE Act requires CBP to initiate an investigation and to make 
timely preliminary and final determinations as to whether an importer 
engaged (or is engaging) in evasion. No longer will domestic producers 
wait helplessly by, hoping that CBP will act to vindicate their rights. 
The bill requires CBP to act and then publicly report on its findings 
within prescribed timeframes.
  Finally, foreign violators will be held accountable for the damage 
they do to American businesses, workers, and our economy as a whole.
  American businesses and workers can compete and win against products 
from anywhere in the world--if we have a level playing field.
  The ENFORCE Act will help create that level playing field, supporting 
U.S. businesses and their employees.
  I urge my colleagues to support this bi-partisan, pro-business, pro-
American bill.

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