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Title II — Other matters

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

II Other matters

201. Allocation and training of personnel

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 and investigating the entry of covered merchandise into the customs territory of the United States through evasion;
(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; and
(3)
provides adequate training to relevant personnel to increase expertise and effectiveness in the prevention and investigation of entries of covered merchandise into the customs territory of the United States through evasion.

202. 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 2013, the Commissioner, in consultation with the Secretary of Commerce and the Assistant Secretary for U.S. Immigration and Customs Enforcement, shall submit to the appropriate congressional committees a report on the efforts being taken to prevent and investigate evasion.
(b)
Contents— Each report required under subsection (a) shall include—
(1)
for the calendar year preceding the submission of the report—
(A)
a summary of the efforts of U.S. Customs and Border Protection to prevent and investigate evasion;
(B)
the number of allegations of evasion received and the number of allegations of evasion resulting in investigations by U.S. Customs and Border Protection or any other agency;
(C)
a summary of the completed investigations of evasion, including the number and nature of the investigations initiated, conducted, or completed, as well as their resolution;
(D)
with respect to investigations that lead to issuance of a penalty notice, the penalty amounts;
(E)
the amounts of antidumping and countervailing duties collected as a result of any investigations or other actions by U.S. Customs and Border Protection or any other agency;
(F)
a description of the allocation of personnel and other resources of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to prevent and investigation evasion, including any assessments conducted regarding the allocation of such personnel and resources; and
(G)
a description of training conducted to increase expertise and effectiveness in the prevention and investigation of evasion; and
(2)
a description of U.S. Customs and Border Protection processes and procedures to prevent and investigate evasion, including—
(A)
the specific guidelines, policies, and practices used by U.S. Customs and Border Protection to ensure that allegations of evasion are promptly evaluated and acted upon in a timely manner;
(B)
an evaluation of the efficacy of such existing guidelines, policies, and practices;
(C)
identification of any changes since the last report that have materially improved or reduced the effectiveness of U.S. Customs and Border Protection to prevent and investigate evasion;
(D)
a description of the development and implementation of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk on noncollection;
(E)
the processes and procedures for increased cooperation and information sharing with the Department of Commerce, U.S. Immigration and Customs Enforcement, and any other relevant Federal agencies to prevent and investigate evasion; and
(F)
identification of any recommended policy changes of other Federal agencies or legislative changes to improve the effectiveness of U.S. Customs and Border Protection to prevent and investigate evasion.

203. Addressing circumvention by new shippers

Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)) is amended—
(1)
by striking clause (iii);
(2)
by redesignating clause (iv) as clause (iii); and
(3)
inserting after clause (iii), as redesignated by paragraph (2) of this section, the following:

“(iv) Any weighted average dumping margin or individual countervailing duty rate determined for an exporter or producer in a review conducted under clause (i) shall be based solely on the bona fide United States sales of an exporter or producer, as the case may be, made during the period covered by the review. In determining whether the United States sales of an exporter or producer made during the period covered by the review were bona fide, the administering authority shall consider, depending on the circumstances surrounding such sales—

“(I) the prices of such sales;

“(II) whether such sales were made in commercial quantities;

“(III) the timing of such sales;

“(IV) the expenses arising from such sales;

“(V) whether the subject merchandise involved in such sales were resold in the United States at a profit;

“(VI) whether such sales were made on an arms-length basis; and

“(VII) any other factor the administering authority determines to be relevant as to whether such sales are, or are not, likely to be typical of those the exporter or producer will make after completion of the review.”