---
kind: "section"
citation: "19 U.S.C. § 1517"
title: "19"
title_heading: "Customs Duties"
number: "1517"
heading: "Procedures for investigating claims of evasion of antidumping and countervailing duty orders"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/1517"
units:
  - "Chapter 4 — Tariff Act of 1930"
  - "Subtitle III — Administrative Provisions"
  - "Part III — Ascertainment, Collection, and Recovery of Duties"
---

# §1517. Procedures for investigating claims of evasion of antidumping and countervailing duty orders

- (a) **Definitions—** In this section:
  - (1) **Administering authority—** The term “[administering authority](/usc/19/1677.md?p=1)” has the meaning given that term in [section 1677(1) of this title](/usc/19/1677.md?p=1).
  - (2) **Commissioner—** The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection.
  - (3) **Covered merchandise—** The term “covered merchandise” means merchandise that is subject to—
    - (A) an antidumping duty order issued under [section 1673e of this title](/usc/19/1673e.md); or
    - (B) a countervailing duty order issued under [section 1671e of this title](/usc/19/1671e.md).
  - (4) **Enter; entry—** The terms “enter” and “[entry](/usc/19/1677.md?p=23)” refer to the [entry](/usc/19/1677.md?p=23), or withdrawal from warehouse for consumption, of merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9).
  - (5) **Evasion—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#a-5-B), the term “evasion” refers to entering covered merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) 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.
    - (B) **Exception for clerical error—**
      - (i) **In general—** Except as provided in [clause (ii)](#a-5-B-ii), the term “evasion” does not include entering covered merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) by means of—
        - (I) a document or electronically transmitted data or information, written or oral statement, or act that is false as a result of a clerical error; or
        - (II) an omission that results from a clerical error.
      - (ii) **Patterns of negligent conduct—** If the Commissioner determines that a [person](/usc/19/1683.md?p=8) has entered covered merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) by means of a clerical error referred to in subclause [(I)](#a-5-B-i-I) or [(II)](#a-5-B-i-II) of clause (i) and that the clerical error is part of a pattern of negligent conduct on the part of that [person](/usc/19/1683.md?p=8), the Commissioner may determine, notwithstanding [clause (i)](#a-5-B-i), that the [person](/usc/19/1683.md?p=8) has entered such covered merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion.
      - (iii) **Electronic repetition of errors—** For purposes of [clause (ii)](#a-5-B-ii), the mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct.
      - (iv) **Rule of construction—** A determination by the Commissioner that a [person](/usc/19/1683.md?p=8) has entered covered merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) by means of a clerical error referred to in subclause [(I)](#a-5-B-i-I) or [(II)](#a-5-B-i-II) of clause (i) rather than through evasion shall not be construed to excuse that [person](/usc/19/1683.md?p=8) from the payment of any duties applicable to the merchandise.
  - (6) **Interested party—**
    - (A) **In general—** The term “[interested party](/usc/19/1677.md?p=9)” means—
      - (i) a foreign manufacturer, producer, or exporter, or the [United States](/usc/19/1683.md?p=9) importer, of covered merchandise or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise;
      - (ii) a manufacturer, producer, or wholesaler in the [United States](/usc/19/1683.md?p=9) of a [domestic like product](/usc/19/1677.md?p=10);
      - (iii) a certified union or recognized union or group of workers that is representative of an [industry](/usc/19/1677.md?p=4-A) engaged in the manufacture, production, or wholesale in the [United States](/usc/19/1683.md?p=9) of a [domestic like product](/usc/19/1677.md?p=10);
      - (iv) a trade or business association a majority of the members of which manufacture, produce, or wholesale a [domestic like product](/usc/19/1677.md?p=10) in the [United States](/usc/19/1683.md?p=9);
      - (v) an association a majority of the members of which is composed of [interested parties](/usc/19/1677.md?p=9) described in clause [(ii)](#a-6-A-ii), [(iii)](#a-6-A-iii), or [(iv)](#a-6-A-iv) with respect to a [domestic like product](/usc/19/1677.md?p=10); and
      - (vi) if the covered merchandise is a processed agricultural product, as defined in [section 1677(4)(E)](/usc/19/1677.md?p=4-E), a coalition or trade association that is representative of either—
        - (I) processors;
        - (II) processors and producers; or
        - (III) processors and growers.
    - (B) **Domestic like product—** For purposes of [subparagraph (A)](#a-6-A), the term “[domestic like product](/usc/19/1677.md?p=10)” means a product that is like, or in the absence of like, most similar in characteristics and uses with, covered merchandise.
- (b) **Investigations—**
  - (1) **In general—** Not later than 15 business days after receiving an allegation described in [paragraph (2)](#b-2) or a referral described in [paragraph (3)](#b-3), the Commissioner shall initiate an investigation if the Commissioner determines that the information provided in the allegation or the referral, as the case may be, reasonably suggests that covered merchandise has been entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion.
  - (2) **Allegation described—** An allegation described in this paragraph is an allegation that a [person](/usc/19/1683.md?p=8) has entered covered merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion that is—
    - (A) filed with the Commissioner by an [interested party](/usc/19/1677.md?p=9); and
    - (B) accompanied by information reasonably available to the party that filed the allegation.
  - (3) **Referral described—** A referral described in this paragraph is information submitted to the Commissioner by any other Federal agency, including the Department of Commerce or the [United States](/usc/19/1683.md?p=9) International Trade [Commission](/usc/19/1677.md?p=2), that reasonably suggests that a [person](/usc/19/1683.md?p=8) has entered covered merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion.
  - (4) **Consideration by administering authority—**
    - (A) **In general—** If the Commissioner receives an allegation under [paragraph (2)](#b-2) and is unable to determine whether the merchandise at issue is covered merchandise, the Commissioner shall—
      - (i) refer the matter to the [administering authority](/usc/19/1677.md?p=1) to determine whether the merchandise is covered merchandise pursuant to the authority of the [administering authority](/usc/19/1677.md?p=1) under subtitle IV; and
      - (ii) notify the party that filed the allegation, and any other [interested party](/usc/19/1677.md?p=9) participating in the investigation, of the referral.
    - (B) **Determination; transmission to Commissioner—** After receiving a referral under [subparagraph (A)(i)](#b-4-A-i) with respect to merchandise, the [administering authority](/usc/19/1677.md?p=1) shall determine whether the merchandise is covered merchandise and promptly transmit that determination to the Commissioner.
    - (C) **Stay of deadlines—** The period required for any referral and determination under this paragraph shall not be counted in calculating any deadline under this section.
    - (D) **Rule of construction—** Nothing in this paragraph shall be construed to affect the authority of an [interested party](/usc/19/1677.md?p=9) to commence an action in the [United States](/usc/19/1683.md?p=9) Court of International Trade under [section 1516a(a)(2) of this title](/usc/19/1516a.md?p=a-2) with respect to a determination of the [administering authority](/usc/19/1677.md?p=1) under this paragraph.
  - (5) **Consolidation of allegations and referrals—**
    - (A) **In general—** The Commissioner may consolidate multiple allegations described in [paragraph (2)](#b-2) and referrals described in [paragraph (3)](#b-3) into a single investigation if the Commissioner determines it is appropriate to do so.
    - (B) **Effect on timing requirements—** If the Commissioner consolidates multiple allegations or referrals into a single investigation under [subparagraph (A)](#b-5-A), the date on which the Commissioner receives the first such allegation or referral shall be used for purposes of the requirement under [paragraph (1)](#b-1) with respect to the timing of the initiation of the investigation.
  - (6) **Information-sharing to protect health and safety—** If, during the course of conducting an investigation under [paragraph (1)](#b-1) with respect to covered merchandise, the Commissioner has reason to suspect that such covered merchandise may pose a health or safety risk to consumers, the Commissioner shall provide, as appropriate, information to the appropriate Federal agencies for purposes of mitigating the risk.
  - (7) **Technical assistance and advice—**
    - (A) **In general—** Upon request, the Commissioner shall provide technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit allegations described in [paragraph (2)](#b-2), except that the Commissioner may deny technical assistance if the Commissioner concludes that the allegation, if submitted, would not lead to the initiation of an investigation under this subsection or any other action to address the allegation.
    - (B) **Eligible small business defined—**
      - (i) **In general—** In this paragraph, the term “eligible small business” means any business concern that the Commissioner determines, due to its small size, has neither adequate internal resources nor the financial ability to obtain qualified outside assistance in preparing and filing allegations described in [paragraph (2)](#b-2).
      - (ii) **Non-reviewability—** The determination of the Commissioner regarding whether a business concern is an eligible small business for purposes of this paragraph is not reviewable by any other agency or by any court.
- (c) **Determinations—**
  - (1) **Determination of evasion—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#c-1-B), not later than 300 calendar days after the date on which the Commissioner initiates an investigation under [subsection (b)](#b) with respect to covered merchandise, the Commissioner shall make a determination, based on substantial evidence, with respect to whether such covered merchandise was entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion.
    - (B) **Additional time—** The Commissioner may extend the time to make a determination under [subparagraph (A)](#c-1-A) by not more than 60 calendar days if the Commissioner determines that—
      - (i) the investigation is extraordinarily complicated because of—
        - (I) the number and complexity of the transactions to be investigated;
        - (II) the novelty of the issues presented; or
        - (III) the number of entities to be investigated; and
      - (ii) additional time is necessary to make the determination under [subparagraph (A)](#c-1-A).
  - (2) **Authority to collect and verify additional information—** In making a determination under [paragraph (1)](#c-1) with respect to covered merchandise, the Commissioner may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by—
    - (A) issuing a questionnaire with respect to such covered merchandise to—
      - (i) an [interested party](/usc/19/1677.md?p=9) that filed an allegation under [paragraph (2)](#b-2) of subsection (b) that resulted in the initiation of an investigation under [paragraph (1)](#c-1) of that subsection with respect to such covered merchandise;
      - (ii) a [person](/usc/19/1683.md?p=8) alleged to have entered such covered merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion;
      - (iii) a [person](/usc/19/1683.md?p=8) that is a foreign producer or exporter of such covered merchandise; or
      - (iv) the government of a [country](/usc/19/1677.md?p=3) from which such covered merchandise was exported; and
    - (B) conducting verifications, including on-site verifications, of any relevant information.
  - (3) **Adverse inference—**
    - (A) **In general—** If the Commissioner finds that a party or [person](/usc/19/1683.md?p=8) described in clause [(i)](#c-2-A-i), [(ii)](#c-2-A-ii), or [(iii)](#c-2-A-iii) of paragraph (2)(A) has failed to cooperate by not acting to the best of the party or [person](/usc/19/1683.md?p=8)’s ability to comply with a request for information, the Commissioner may, in making a determination under [paragraph (1)](#c-1), use an inference that is adverse to the interests of that party or [person](/usc/19/1683.md?p=8) in selecting from among the facts otherwise available to make the determination.
    - (B) **Application—** An inference described in [subparagraph (A)](#c-3-A) may be used under that subparagraph with respect to a [person](/usc/19/1683.md?p=8) described in clause [(ii)](#c-2-A-ii) or [(iii)](#c-2-A-iii) of paragraph (2)(A) without regard to whether another [person](/usc/19/1683.md?p=8) involved in the same transaction or transactions under examination has provided the information sought by the Commissioner, such as import or export documentation.
    - (C) **Adverse inference described—** An adverse inference used under [subparagraph (A)](#c-3-A) may include reliance on information derived from—
      - (i) the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border Protection;
      - (ii) a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or
      - (iii) any other available information.
  - (4) **Notification—** Not later than 5 business days after making a determination under [paragraph (1)](#c-1) with respect to covered merchandise, the Commissioner—
    - (A) shall provide to each [interested party](/usc/19/1677.md?p=9) that filed an allegation under [paragraph (2)](#b-2) of subsection (b) that resulted in the initiation of an investigation under [paragraph (1)](#c-1) of that subsection with respect to such covered merchandise a notification of the determination and may, in addition, include an explanation of the basis for the determination; and
    - (B) may provide to importers, in such manner as the Commissioner determines appropriate, information discovered in the investigation that the Commissioner determines will help educate importers with respect to importing merchandise into the customs territory of the [United States](/usc/19/1683.md?p=9) in accordance with all applicable laws and regulations.
- (d) **Effect of determinations—**
  - (1) **In general—** If the Commissioner makes a determination under [subsection (c)](#c) that covered merchandise was entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion, the Commissioner shall—
    - (A)
      - (i) suspend the liquidation of unliquidated [entries](/usc/19/1677.md?p=23) of such covered merchandise that are subject to the determination and that enter on or after the date of the initiation of the investigation under [subsection (b)](#b) with respect to such covered merchandise and on or before the date of the determination; or
      - (ii) if the Commissioner has already suspended the liquidation of such [entries](/usc/19/1677.md?p=23) pursuant to [subsection (e)(1)](#e-1), continue to suspend the liquidation of such [entries](/usc/19/1677.md?p=23);
    - (B) pursuant to the Commissioner’s authority under [section 1504(b) of this title](/usc/19/1504.md?p=b)—
      - (i) extend the period for liquidating unliquidated [entries](/usc/19/1677.md?p=23) of such covered merchandise that are subject to the determination and that entered before the date of the initiation of the investigation; or
      - (ii) if the Commissioner has already extended the period for liquidating such [entries](/usc/19/1677.md?p=23) pursuant to [subsection (e)(1)](#e-1), continue to extend the period for liquidating such [entries](/usc/19/1677.md?p=23);
    - (C) notify the [administering authority](/usc/19/1677.md?p=1) of the determination and request that the [administering authority](/usc/19/1677.md?p=1)—
      - (i) identify the applicable antidumping or countervailing duty assessment rates for [entries](/usc/19/1677.md?p=23) described in subparagraphs [(A)](#d-1-A) and [(B)](#d-1-B); or
      - (ii) if no such assessment rate for such an [entry](/usc/19/1677.md?p=23) is available at the time, identify the applicable cash deposit rate to be applied to the [entry](/usc/19/1677.md?p=23), with the applicable antidumping or countervailing duty assessment rate to be provided as soon as that rate becomes available;
    - (D) require the posting of cash deposits and assess duties on [entries](/usc/19/1677.md?p=23) described in subparagraphs [(A)](#d-1-A) and [(B)](#d-1-B) in accordance with the instructions received from the [administering authority](/usc/19/1677.md?p=1) under [paragraph (2)](#d-2); and
    - (E) take such additional enforcement measures as the Commissioner determines appropriate, such as—
      - (i) initiating proceedings under section [1592](/usc/19/1592.md) or [1595a](/usc/19/1595a.md) of this title;
      - (ii) implementing, in consultation with the relevant Federal agencies, rule sets or modifications to rule sets for identifying, particularly through the Automated Targeting System and the Automated Commercial Environment authorized under [section 58c(f)(4) of this title](/usc/19/58c.md?p=f-4), 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](/usc/19/1677.md?p=23) summary information in connection with determinations of evasion, the importer to deposit estimated duties at the time of [entry](/usc/19/1677.md?p=23); and
      - (iv) referring the record in whole or in part to U.S. Immigration and Customs Enforcement for civil or criminal investigation.
  - (2) **Cooperation of administering authority—**
    - (A) **In general—** Upon receiving a notification from the Commissioner under [paragraph (1)(C)](#d-1-C), the [administering authority](/usc/19/1677.md?p=1) 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 the [administering authority](/usc/19/1677.md?p=1) are unable to determine the producer or exporter of the merchandise with respect to which a notification is made under [paragraph (1)(C)](#d-1-C), the [administering authority](/usc/19/1677.md?p=1) 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 1673e of this title](/usc/19/1673e.md) or [1671e](/usc/19/1671e.md) of this title, respectively, or a finding issued under the Antidumping Act, 1921, or any administrative review conducted under [section 1675 of this title](/usc/19/1675.md).
- (e) **Interim measures—** Not later than 90 calendar days after initiating an investigation under [subsection (b)](#b) with respect to covered merchandise, the Commissioner shall decide based on the investigation if there is a reasonable suspicion that such covered merchandise was entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion and, if the Commissioner decides there is such a reasonable suspicion, the Commissioner shall—
  - (1) suspend the liquidation of each unliquidated [entry](/usc/19/1677.md?p=23) of such covered merchandise that entered on or after the date of the initiation of the investigation;
  - (2) pursuant to the Commissioner’s authority under [section 1504(b) of this title](/usc/19/1504.md?p=b), extend the period for liquidating each unliquidated [entry](/usc/19/1677.md?p=23) of such covered merchandise that entered before the date of the initiation of the investigation; and
  - (3) pursuant to the Commissioner’s authority under [section 1623 of this title](/usc/19/1623.md), take such additional measures as the Commissioner determines necessary to protect the revenue of the [United States](/usc/19/1683.md?p=9), including requiring a single transaction bond or additional security or the posting of a cash deposit with respect to such covered merchandise.
- (f) **Administrative review—**
  - (1) **In general—** Not later than 30 business days after the Commissioner makes a determination under [subsection (c)](#c) with respect to whether covered merchandise was entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion, a [person](/usc/19/1683.md?p=8) determined to have entered such covered merchandise through evasion or an [interested party](/usc/19/1677.md?p=9) that filed an allegation under [paragraph (2)](#b-2) of subsection (b) that resulted in the initiation of an investigation under [paragraph (1)](#f-1) of that subsection with respect to such covered merchandise may file an appeal with the Commissioner for de novo review of the determination.
  - (2) **Timeline for review—** Not later than 60 business days after an appeal of a determination is filed under [paragraph (1)](#f-1), the Commissioner shall complete the review of the determination.
- (g) **Judicial review—**
  - (1) **In general—** Not later than 30 business days after the Commissioner completes a review under [subsection (f)](#f) of a determination under [subsection (c)](#c) with respect to whether covered merchandise was entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through evasion, a [person](/usc/19/1683.md?p=8) determined to have entered such covered merchandise through evasion or an [interested party](/usc/19/1677.md?p=9) that filed an allegation under [paragraph (2)](#b-2) of subsection (b) that resulted in the initiation of an investigation under [paragraph (1)](#g-1) of that subsection with respect to such covered merchandise may seek judicial review of the determination under [subsection (c)](#c) and the review under [subsection (f)](#f) in the [United States](/usc/19/1683.md?p=9) Court of International Trade to determine whether the determination and review is conducted in accordance with subsections [(c)](#c) and [(f)](#f).
  - (2) **Standard of review—** In determining whether a determination under [subsection (c)](#c) or review under [subsection (f)](#f) is conducted in accordance with those subsections, the [United States](/usc/19/1683.md?p=9) Court of International Trade shall examine—
    - (A) whether the Commissioner fully complied with all procedures under subsections [(c)](#c) and [(f)](#f); and
    - (B) whether any determination, finding, or conclusion is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
  - (3) **Rule of construction—** Nothing in this subsection shall affect the availability of judicial review to an [interested party](/usc/19/1677.md?p=9) under any other provision of law.
- (h) **Rule of construction with respect to other civil and criminal proceedings and investigations—** No determination under [subsection (c)](#c), review under [subsection (f)](#f), or action taken by the Commissioner pursuant to this section shall preclude any individual or entity from proceeding, or otherwise affect or limit the authority of any individual or entity to proceed, with any civil, criminal, or administrative investigation or proceeding pursuant to any other provision of Federal or [State](/usc/19/2577.md?p=2) law, including [sections 1592](/usc/19/1592.md) of this title and [1595a](/usc/19/1595a.md) of this title.

## Source credit

(June 17, 1930, ch. 497, title IV, § 517, as added Pub. L. 114–125, title IV, § 421(a), Feb. 24, 2016, 130 Stat. 161.)

## Notes

### Editorial Notes

### References in Text

The Antidumping Act, 1921, referred to in subsec. (d)(2)(B), is act May 27, 1921, ch. 14, title II, 42 Stat. 11, which was classified generally to sections 160 to 171 of this title, and was repealed by Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193.

### Prior Provisions

A prior section 1517, act June 17, 1930, ch. 497, title IV, § 517, 46 Stat. 737, related to frivolous protest or appeal, prior to repeal by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948. See section 2641 of Title 28, Judiciary and Judicial Procedure.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 114–125, title IV, § 421(c), Feb. 24, 2016, 130 Stat. 168, provided that: “The amendments made by this section [enacting this section and amending section 1581 of Title 28, Judiciary and Judicial Procedure] shall take effect on the date that is 180 days after the date of the enactment of this Act [Feb. 24, 2016].”

### Regulations

Pub. L. 114–125, title IV, § 421(d), Feb. 24, 2016, 130 Stat. 169, provided that: “Not later than the date that is 180 days after the date of the enactment of this Act [Feb. 24, 2016], the Secretary [of the Treasury] shall prescribe such regulations as may be necessary to implement the amendments made by this section [enacting this section and amending section 1581 of Title 28, Judiciary and Judicial Procedure].”