Evasion Investigation Procedure Changes

Summary#

This bill changes parts of section 517 of the Tariff Act of 1930 about evasion of antidumping and countervailing duty orders. It lets the Commissioner self-initiate an investigation when the Commissioner has information that reasonably suggests covered merchandise entered the United States through evasion. When the Commissioner self-initiates, the same terms and conditions that apply to allegation and referral processes will also apply to the self-initiation process.

The bill also limits judicial review. A person determined to have entered covered merchandise through evasion may seek judicial review only if all liquidated duties, charges, or exactions have been paid at the time the judicial review is sought.

What it means for you#

  • The Commissioner can start eviction-related trade investigations without a third-party allegation if there is reasonable information of evasion.
  • Importers or others found to have entered covered merchandise through evasion must have paid all liquidated duties, charges, or exactions before asking a court to review that determination.
  • Traders, importers, and trade lawyers may see more investigations started by the agency rather than only by outside parties.

Expenses#

  • The bill requires payment of all liquidated duties, charges, or exactions before seeking judicial review, which is an expense for any person so determined.
  • No publicly available information on estimated costs to the federal government or on broader economic costs.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.