US Codex
Bill
Notes

Preventing Recurring Trade Evasion and Circumvention Act

H.R. 166 · 113th Congress · Jan 4, 2013 · Lineage

A BILL

To prevent the evasion of antidumping and countervailing duty orders, and for other purposes.

Section 1 Short title and table of contents

(a)
Short title— This Act may be cited as the “Preventing Recurring Trade Evasion and Circumvention Act” or “PROTECT Act”.
(b)
Table of contents— The table of contents for this Act is as follows:

Sec. 2 Definitions

In this Act:
(1)
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.
(2)
Commissioner— The term Commissioner means the Commissioner responsible for U.S. Customs and Border Protection.
(3)
Covered merchandise— The term covered merchandise means merchandise that is subject to—
(A)
a countervailing duty order issued under section 706 of the Tariff Act of 1930; or
(B)
an antidumping duty order issued under section 736 of the Tariff Act of 1930.
(4)
Eligible small business—
(A)
In general— The term eligible small business means any business concern which, in the Commissioner’s judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.
(B)
Non-reviewability— Any agency decision regarding whether a business concern is an eligible small business for purposes of section 101(b)(3) is not reviewable by any other agency or by any court.
(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)
Secretary— The term Secretary means the Secretary of the Treasury.
(8)
Trade remedy laws— The term trade remedy laws means title VII of the Tariff Act of 1930.

Sec. 3 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), this Act and the amendments made by this Act shall apply with respect to goods from Canada and Mexico.