House Bill on Industry-Requested CBP Investigations of AD/CV Duty Evasion Introduced
On December 17, 2010, Representative Sanchez1 (D) introduced the Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act of 2010 (H.R. 6549), a bill that is intended to help eliminate schemes by foreign producers to evade payment of antidumping and countervailing duties.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
H.R. 6549 has been referred to the House Ways and Means Committee and is not in effect. Given the short time remaining in the current congressional session, H.R. 6549 would have to be reintroduced in the next (112th) Congress.
Would Allow Domestic Producers to Petition CBP to Investigate Evasion Claims
According to a press release from Representative Sanchez, H.R. 6549 would establish procedures for investigating claims of evasion by foreign manufacturers.
Domestic producers, for the first time ever, would be able to petition U.S. Customs and Border Protection to investigate possible AD/CV duty evasions. Once an investigation is initiated, CBP would have to make a preliminary and final determination about whether an importer is engaged in duty evasion. H.R. 6549 prescribes timelines, as well as enforcement and remedial measures for each determination.
The bill also authorizes $20 million for CBP to ensure ports with the highest volumes are sufficiently staffed and employees have the necessary expertise to prevent evasion of duties.
House and Senate ENFORCE Acts are Closely Related, but Not Identical
Although not identical, H.R. 6549 is closely related to Senate’s ENFORCE Act (S. 3725), which was introduced on August 5, 2010 by Senator Wyden (D) and two cosponsors.
(See ITT’s Online Archives or 09/14/10 news, 10091417, for BP summary of S. 3725.)
1And co-sponsors Representatives Jones (R) and Ortiz (D).
Representative Sanchez’s press release is available here.