AD/CVD Evasion Act Introduced in House
A group of almost 40 House lawmakers signed on to an antidumping and countervailing duty evasion bill, introduced April 9, that bears many of the same provisions of the 2011 Senate ENFORCE Act, a component of customs reauthorization bills currently in the House and Senate. HR-1440, sponsored by Rep. Billy Long, R-Mo., sets up timelines CBP must follow when dealing with AD/CVD evasion, as does ENFORCE.
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Once an evasion allegation is received, the CBP Commissioner has 10 days to begin an investigation. By 90 days, the commissioner must make a preliminary determination on the investigation. The commissioner has only 120 days -- instead of the 270 in ENFORCE -- to make a final determination on an allegation, though that deadline can be extended by 60 days. After both preliminary and final determinations about the allegations are made, the Commissioner must also post a Federal Register notice
The bill also allows any person “that is an interested party with respect to the [alleged evasion] merchandise” to request a hearing, and requires the commissioner to provide an opportunity for public comments. It includes similar liquidation suspension measures, annual reporting requirements and the adverse inference provision as ENFORCE (see 13040911 for more on the Enforce Act and its role in customs reauthorization bills).
HR-1440 also requires CBP to employ and assign “sufficient personnel” with expertise and responsibility for preventing evasion, including specific assignments at ports of entry where the commissioner “determines potential evasion presents the most substantial threats to the revenue of the United States.” Under the act, CBP must also submit a report to appropriate congressional committees on the estimated amount of uncollected duties during fiscal years 2011 and 2012, “because the commissioner did not have the authority to reliquidate the entries of such merchandise.”
"My bipartisan legislation works to ensure that U.S. Custom Officials will aggressively enforce anti-dumping and countervailing duty orders," said Rep. Long in a statement. "The ENFORCE Act is about protecting U.S. jobs and manufacturers by making sure foreign businesses are not able to violate the laws that everyone, including American businesses, follow"
For a copy of the bill, email ITTNews@warren-news.com.