19 USC 4371 - Trade Remedy Law Enforcement Division

U.S Code last checked for updates: Nov 23, 2024

§ 4371.

Trade Remedy Law Enforcement Division

(a)

Establishment

(1)

In general

(2)

Composition

The Trade Remedy Law Enforcement Division shall be composed of—

(A)

headquarters personnel led by a Director, who shall report to the Executive Assistant Commissioner of the Office of Trade; and

(B)

a National Targeting and Analysis Group dedicated to preventing and countering evasion.

(3)

Duties

The Trade Remedy Law Enforcement Division shall be dedicated—

(A)

to the development and administration of policies to prevent and counter evasion, including policies relating to the implementation of section 1517 of this title;

(B)

to direct enforcement and compliance assessment activities concerning evasion;

(C)

to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the United States in accordance with subsection (c);

(D)

to issuing Trade Alerts described in subsection (d); and

(E)

to the development 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 of noncollection.

(b)

Duties of Director

The duties of the Director of the Trade Remedy Law Enforcement Division shall include—

(1)

directing the trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion;

(2)

facilitating, promoting, and coordinating cooperation and the exchange of information between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other relevant Federal agencies regarding evasion;

(3)

notifying on a timely basis the administering authority (as defined in section 1677(1) of this title) and the Commission (as defined in section 1677(2) of this title) of any finding, determination, civil action, or criminal action taken by U.S. Customs and Border Protection or other Federal agency regarding evasion;

(4)

serving as the primary liaison between U.S. Customs and Border Protection and the public regarding activities concerning evasion, including activities relating to investigations conducted under section 1517 of this title, which include—

(A)

receiving allegations of evasion from parties, including allegations described in section 1517(b)(2) of this title;

(B)

upon request by the party or parties that submitted such an allegation of evasion, providing information to such party or parties on the status of U.S. Customs and Border Protection’s consideration of the allegation and decision to pursue or not pursue any administrative inquiries or other actions, such as changes in policies, procedures, or resource allocation as a result of the allegation;

(C)

as needed, requesting from the party or parties that submitted such an allegation of evasion any additional information that may be relevant for U.S. Customs and Border Protection determining whether to initiate an administrative inquiry or take any other action regarding the allegation;

(D)

notifying on a timely basis the party or parties that submitted such an allegation of the results of any administrative, civil, or criminal actions taken by U.S. Customs and Border Protection or other Federal agency regarding evasion as a direct or indirect result of the allegation;

(E)

upon request, providing technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit such an allegation of evasion, except that the Director may deny technical assistance if the Director concludes that the allegation, if submitted, would not lead to the initiation of an administrative inquiry or any other action to address the allegation;

(F)

in cooperation with the public, the Commercial Customs Operations Advisory Committee established under section 4316 of this title, the Trade Support Network, and any other relevant parties and organizations, developing guidelines on the types and nature of information that may be provided in such an allegation of evasion; and

(G)

consulting regularly with the public, the Commercial Customs Operations Advisory Committee, the Trade Support Network, and any other relevant parties and organizations regarding the development and implementation of regulations, interpretations, and policies related to countering evasion.

(c)

Preventing and countering evasion of the trade remedy laws

In carrying out its duties with respect to preventing and countering evasion, the National Targeting and Analysis Group dedicated to preventing and countering evasion shall—

(1)

establish targeted risk assessment methodologies and standards—

(A)

for evaluating the risk that cargo destined for the United States may constitute evading covered merchandise; and

(B)

for issuing, as appropriate, Trade Alerts described in subsection (d); and

(2)

to the extent practicable and otherwise authorized by law, use information available from the Automated Commercial System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the International Trade Data System established under section 1411(d) of this title, and the TECS (formerly known as the “Treasury Enforcement Communications System”), and any similar and successor systems, to administer the methodologies and standards established under paragraph (1).

(d)

Trade Alerts

(Pub. L. 114–125, title IV, § 411, Feb. 24, 2016, 130 Stat. 156.)

cite as: 19 USC 4371