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Title II — Other matters

H.R. 1440 · 113th Congress · Apr 9, 2013 · Lineage

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 30 days after the enactment of this Act, 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 2015, 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 (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 2011 and 2012 because the Commissioner did not have the authority to reliquidate the entries of such merchandise.