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19 U.S.C. § 4401 — Annual report on prevention and investigation of evasion of antidumping and countervailing duty orders
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than January 15 of each calendar year that begins on or after the date that is 270 days after February 24, 2016, the Commissioner, in consultation with the Secretary of Commerce and the Director of U.S. Immigration and Customs Enforcement, shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the efforts being taken to prevent and investigate the entry of covered merchandise into the customs territory of the United States through evasion.
**(b) Contents** Each report required under subsection (a) shall include—
(1) for the calendar year preceding the submission of the report—
(A) a summary of the efforts of U.S. Customs and Border Protection to prevent and investigate the entry of covered merchandise into the customs territory of the United States through evasion;
(B) the number of allegations of evasion received, including allegations received under subsection (b) of [section 1517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1517&num=0&edition=prelim), and the number of such allegations resulting in investigations by U.S. Customs and Border Protection or any other Federal agency;
(C) a summary of investigations initiated, including investigations initiated under subsection (b) of such [section 1517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1517&num=0&edition=prelim), including—
(i) the number and nature of the investigations initiated, conducted, or completed; and
(ii) the resolution of each completed investigation;
(D) the amount of additional duties that were determined to be owed as a result of such investigations, the amount of such duties
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Source file: Laws/federal/codes/united-states-code/title-19/section-4401-annual-report-on-prevention-and-investigation-of-evasion-of-antidumping--1df48a59c4.md
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Source location: Title 19, Chapter 28, § 4401; chapter-028-trade-facilitation-and-trade-enforcement.md
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**(a) In general** Not later than January 15 of each calendar year that begins on or after the date that is 270 days after February 24, 2016, the Commissioner, in consultation with the Secretary of Commerce and the Director of U.S. Immigration and Customs Enforcement, shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the efforts being taken to prevent and investigate the entry of covered merchandise into the customs territory of the United States through evasion.
**(b) Contents** Each report required under subsection (a) shall include—
(1) for the calendar year preceding the submission of the report—
(A) a summary of the efforts of U.S. Customs and Border Protection to prevent and investigate the entry of covered merchandise into the customs territory of the United States through evasion;
(B) the number of allegations of evasion received, including allegations received under subsection (b) of [section 1517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1517&num=0&edition=prelim), and the number of such allegations resulting in investigations by U.S. Customs and Border Protection or any other Federal agency;
(C) a summary of investigations initiated, including investigations initiated under subsection (b) of such [section 1517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1517&num=0&edition=prelim), including—
(i) the number and nature of the investigations initiated, conducted, or completed; and
(ii) the resolution of each completed investigation;
(D) the amount of additional duties that were determined to be owed as a result of such investigations, the amount of such duties that were collected, and, for any such duties not collected, a description of the reasons those duties were not collected;
(E) with respect to each such investigation that led to the imposition of a penalty, the amount of the penalty;
(F) an identification of the countries of origin of covered merchandise determined under subsection (c) of such [section 1517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1517&num=0&edition=prelim) to be entered into the customs territory of the United States through evasion;
(G) the amount of antidumping and countervailing duties collected as a result of any investigations or other actions by U.S. Customs and Border Protection or any other Federal agency;
(H) a description of the allocation of personnel and other resources of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to prevent and investigate evasion, including any assessments conducted regarding the allocation of such personnel and resources; and
(I) a description of training conducted to increase expertise and effectiveness in the prevention and investigation of evasion; and
(2) a description of processes and procedures of U.S. Customs and Border Protection to prevent and investigate evasion, including—
(A) the specific guidelines, policies, and practices used by U.S. Customs and Border Protection to ensure that allegations of evasion are promptly evaluated and acted upon in a timely manner;
(B) an evaluation of the efficacy of those guidelines, policies, and practices;
(C) an identification of any changes since the last report required by this section, if any, that have materially improved or reduced the effectiveness of U.S. Customs and Border Protection in preventing and investigating evasion;
(D) a description of the development and implementation 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 not collecting those duties;
(E) a description of the processes and procedures for increased cooperation and information sharing with the Department of Commerce, U.S. Immigration and Customs Enforcement, and any other relevant Federal agencies to prevent and investigate evasion; and
(F) an identification of any recommended policy changes for other Federal agencies or legislative changes to improve the effectiveness of U.S. Customs and Border Protection in preventing and investigating evasion.
**(c) Public summary** The Commissioner shall make available to the public a summary of the report required by subsection (a) that includes, at a minimum—
(1) a description of the type of merchandise with respect to which investigations were initiated under subsection (b) of [section 1517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1517&num=0&edition=prelim);
(2) the amount of additional duties determined to be owed as a result of such investigations and the amount of such duties that were collected;
(3) an identification of the countries of origin of covered merchandise determined under subsection (c) of such [section 1517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1517&num=0&edition=prelim) to be entered into the customs territory of the United States through evasion; and
(4) a description of the types of measures used by U.S. Customs and Border Protection to prevent and investigate evasion.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Administering authority** — The term “administering authority” has the meaning given that term in [section 1677(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/1&num=0&edition=prelim).
(2) **Commissioner** — The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection.
(3) **Covered merchandise** — The term “covered merchandise” means merchandise that is subject to—
(A) an antidumping duty order issued under [section 1673e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim); or
(B) a countervailing duty order issued under [section 1671e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim).
(4) **Enter; entry** — The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise into the customs territory of the United States.
(5) **Evasion**
(A) *In general* — Except as provided in subparagraph (B), the term “evasion” refers to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.
(B) *Exception for clerical error*
(i) *In general* — Except as provided in clause (ii), the term “evasion” does not include entering covered merchandise into the customs territory of the United States by m
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1517
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1110
TITLE 19—CUSTOMS DUTIES
§ 4401
(2) a description of processes and procedures
of U.S. Customs and Border Protection to pre-
vent and investigate evasion, including—
(A) the specific guidelines, policies, and
practices used by U.S. Customs and Border
Protection to ensure that allegations of eva-
sion are promptly evaluated and acted upon
in a timely manner;
(B) an evaluation of the efficacy of those
guidelines, policies, and practices;
(C) an identification of any changes since
the last report required by this section, if
any, that have materially improved or re-
duced the effectiveness of U.S. Customs and
Border Protection in preventing and inves-
tigating evasion;
(D) a description of the development and
implementation of policies for the applica-
tion of single entry and continuous bonds for
entries of covered merchandise to suffi-
ciently
protect
the
collection
of
anti-
dumping and countervailing duties commen-
surate with the level of risk of not collecting
those duties;
(E) a description of the processes and pro-
cedures for increased cooperation and infor-
mation sharing with the Department of
Commerce, U.S. Immigration and Customs
Enforcement, and any other relevant Fed-
eral agencies to prevent and investigate eva-
sion; and
(F) an identification of any recommended
policy changes for other Federal agencies or
legislative changes to improve the effective-
ness of U.S. Customs and Border Protection
in preventing and investigating evasion.
(c) Public summary
The Commissioner shall make available to the
public a summary of the report required by sub-
section (a) that includes, at a minimum—
(1) a description of the type of merchandise
with respect to which investigations were ini-
tiated under subsection (b) of section 1517 of
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4401
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.