---
kind: "section"
citation: "19 U.S.C. § 4372"
title: "19"
title_heading: "Customs Duties"
number: "4372"
heading: "Collection of information on evasion of trade remedy laws"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4372"
units:
  - "Chapter 28 — Trade Facilitation and Trade Enforcement"
  - "Subchapter IV — Prevention of Evasion of Antidumping and Countervailing Duty Orders"
  - "Part I — Actions Relating to Enforcement of Trade Remedy Laws"
---

# §4372. Collection of information on evasion of trade remedy laws

- (a) **Authority to collect information—** To determine whether [covered merchandise](/usc/19/4361.md?p=2) is being entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through [evasion](/usc/19/4361.md?p=5), the [Secretary](/usc/19/4361.md?p=6), acting through the [Commissioner](/usc/19/4301.md?p=3)—
  - (1) shall exercise all existing authorities to collect information needed to make the determination; and
  - (2) may collect such additional information as is necessary to make the determination through such methods as the [Commissioner](/usc/19/4301.md?p=3) considers appropriate, including by issuing questionnaires with respect to the [entry](/usc/19/4361.md?p=4) or [entries](/usc/19/4361.md?p=4) at issue to—
    - (A) a [person](/usc/19/1683.md?p=8) who filed an allegation with respect to the [covered merchandise](/usc/19/4361.md?p=2);
    - (B) a [person](/usc/19/1683.md?p=8) who is alleged to have entered the [covered merchandise](/usc/19/4361.md?p=2) into the customs territory of the [United States](/usc/19/1683.md?p=9) through [evasion](/usc/19/4361.md?p=5); or
    - (C) any other [person](/usc/19/1683.md?p=8) who is determined to have information relevant to the allegation of [entry](/usc/19/4361.md?p=4) of [covered merchandise](/usc/19/4361.md?p=2) into the customs territory of the [United States](/usc/19/1683.md?p=9) through [evasion](/usc/19/4361.md?p=5).
- (b) **Adverse inference—**
  - (1) **Use of adverse inference—**
    - (A) **In general—** If the [Secretary](/usc/19/4361.md?p=6) finds that a [person](/usc/19/1683.md?p=8) described in [subparagraph (B)](#b-1-B) has failed to cooperate by not acting to the best of the [person](/usc/19/1683.md?p=8)’s ability to comply with a request for information under [subsection (a)](#a), the [Secretary](/usc/19/4361.md?p=6) may, in making a determination whether an [entry](/usc/19/4361.md?p=4) or [entries](/usc/19/4361.md?p=4) of [covered merchandise](/usc/19/4361.md?p=2) may constitute merchandise that is entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through [evasion](/usc/19/4361.md?p=5), use an inference that is adverse to the interests of that [person](/usc/19/1683.md?p=8) in selecting from among the facts otherwise available to determine whether [evasion](/usc/19/4361.md?p=5) has occurred.
    - (B) **Person described—** A [person](/usc/19/1683.md?p=8) described in this subparagraph is—
      - (i) a [person](/usc/19/1683.md?p=8) who filed an allegation with respect to [covered merchandise](/usc/19/4361.md?p=2);
      - (ii) a [person](/usc/19/1683.md?p=8) alleged to have entered [covered merchandise](/usc/19/4361.md?p=2) into the customs territory of the [United States](/usc/19/1683.md?p=9) through [evasion](/usc/19/4361.md?p=5); or
      - (iii) a foreign producer or exporter of [covered merchandise](/usc/19/4361.md?p=2) that is alleged to have entered into the customs territory of the [United States](/usc/19/1683.md?p=9) through [evasion](/usc/19/4361.md?p=5).
    - (C) **Application—** An inference described in [subparagraph (A)](#b-1-A) may be used under that subparagraph with respect to a [person](/usc/19/1683.md?p=8) described in clause [(ii)](#b-1-B-ii) or [(iii)](#b-1-B-iii) of subparagraph (B) 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 [Secretary](/usc/19/4361.md?p=6), such as import or export documentation.
  - (2) **Adverse inference described—** An adverse inference used under [paragraph (1)(A)](#b-1-A) may include reliance on information derived from—
    - (A) the allegation of [evasion](/usc/19/4361.md?p=5) of the [trade remedy laws](/usc/19/4361.md?p=7), if any, submitted to U.S. Customs and Border Protection;
    - (B) a determination by the [Commissioner](/usc/19/4301.md?p=3) in another investigation, proceeding, or other action regarding [evasion](/usc/19/4361.md?p=5) of the unfair trade laws; or
    - (C) any other available information.

## Source credit

(Pub. L. 114–125, title IV, § 412, Feb. 24, 2016, 130 Stat. 158.)