19 USC 4372 - Collection of information on evasion of trade remedy laws

U.S Code last checked for updates: May 05, 2024

§ 4372.

Collection of information on evasion of trade remedy laws

(a)

Authority to collect information

To determine whether covered merchandise is being entered into the customs territory of the United States through evasion, the Secretary, acting through the Commissioner—

(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 considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to—

(A)

a person who filed an allegation with respect to the covered merchandise;

(B)

a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or

(C)

any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion.

(b)

Adverse inference

(1)

Use of adverse inference

(A)

In general

(B)

Person described

A person described in this subparagraph is—

(i)

a person who filed an allegation with respect to covered merchandise;

(ii)

a person alleged to have entered covered merchandise into the customs territory of the United States through evasion; or

(iii)

a foreign producer or exporter of covered merchandise that is alleged to have entered into the customs territory of the United States through evasion.

(C)

Application

(2)

Adverse inference described

An adverse inference used under paragraph (1)(A) may include reliance on information derived from—

(A)

the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border Protection;

(B)

a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or

(C)

any other available information.

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

cite as: 19 USC 4372