19 U.S.C. § 4401 — Inclusion of interest in certain distribu-

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 this title; (2) the amount of additional duties deter- mined to be owed as a result of such investiga- tions and the amount of such duties that were collected; (3) an identification of the countries of ori- gin of covered merchandise determined under subsection (c) of such section 1517 of this title 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. (Pub. L. 114–125, title IV, § 432, Feb. 24, 2016, 130 Stat. 169.) SUBCHAPTER V—ADDITIONAL ENFORCEMENT PROVISIONS § 4401. Inclusion of interest in certain distribu- tions of antidumping duties and counter- vailing duties (a) In general The Secretary of Homeland Security shall de- posit all interest described in subsection (c) into the special account established under section 1675c(e) of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)) for inclusion in distributions described in subsection (b) made on or after February 24, 2016. (b) Distributions described Distributions described in this subsection are distributions of antidumping duties and coun- tervailing duties assessed on or after October 1, 2000, that are made under section 1675c of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)), with respect to entries of merchandise that— (1) were made on or before September 30, 2007; and (2) were, in accordance with section 822 of the Claims Resolution Act of 2010 (19 U.S.C. 1675c note), unliquidated, not in litigation, and not under an order of liquidation from the De- partment of Commerce on December 8, 2010. (c) Interest described (1) Interest realized Interest described in this subsection is inter- est earned on antidumping duties or counter- vailing duties described in subsection (b) that is realized through application of a payment received on or after October 1, 2014, by U.S. Customs and Border Protection under, or in connection with— (A) a customs bond pursuant to a court order or judgment; or (B) a settlement with respect to a customs bond, including any payment made to U.S. Customs and Border Protection with respect to that bond by a surety. (2) Types of interest Interest described in paragraph (1) includes the following: (A) Interest accrued under section 1677g of this title. (B) Interest accrued under section 1505(d) of this title. (C) Equitable interest under common law and interest under section 580 of this title awarded by a court against a surety under its bond for late payment of antidumping duties, countervailing duties, or interest de- scribed in subparagraph (A) or (B). (d) Definitions In this section: (1) Antidumping duties The term ‘‘antidumping duties’’ means anti- dumping duties imposed under section 1673 of this title or under the Antidumping Act, 1921 (title II of the Act of May 27, 1921; 42 Stat. 11, chapter 14). (2) Countervailing duties The term ‘‘countervailing duties’’ means countervailing duties imposed under section 1671 of this title. (Pub. L. 114–125, title VI, § 605, Feb. 24, 2016, 130 Stat. 187.) Editorial Notes REFERENCES IN TEXT Section 1675c of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005), referred Page 1111 TITLE 19—CUSTOMS DUTIES § 4405 1 See References in Text note below. to in subsecs. (a) and (b), means section 1675c of this title, which was repealed by Pub. L. 109–171, title VII, § 7601(a), Feb. 8, 2006, 120 Stat. 154, and which related to an annual distribution to certain domestic producers known as the ‘‘continued dumping and subsidy offset’’. Subsec. (e) of section 1675c related to special accounts established in the Treasury of the United States for certain antidumping and countervailing duty orders and findings. Section 822 of the Claims Resolution Act of 2010, re- ferred to in subsec. (b)(2), is section 822 of Pub. L. 111–291, which is set out as a note under section 1675c of this title. The Antidumping Act, 1921, referred to in subsec. (d)(1), is act May 27, 1921, ch. 14, title II, 42 Stat. 11, which was classified generally to sections 160 to 171 of this title, and was repealed by Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193. § 4402. Illicitly imported, exported, or trafficked cultural property, archaeological or ethno- logical materials, and fish, wildlife, and plants (a) In general The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall en- sure that appropriate personnel of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, as the case may be, are trained in the detection, identification, de- tention, seizure, and forfeiture of cultural prop- erty, archaeological or ethnological materials, and fish, wildlife, and plants, the importation, exportation, or trafficking of which violates the laws of the United States. (b) Training The Commissioner and the Director are au- thorized to accept training and other support services from experts outside of the Federal Government with respect to the detection, iden- tification, detention, seizure, and forfeiture of cultural property, archaeological or ethno- logical materials, or fish, wildlife, and plants de- scribed in subsection (a). (Pub. L. 114–125, title VI, § 606, Feb. 24, 2016, 130 Stat. 188.) § 4403. Honey transshipment (a) In general The Commissioner shall direct appropriate personnel and the use of resources of U.S. Cus- toms and Border Protection to address concerns that honey is being imported into the United States in violation of the customs and trade laws of the United States. (b) Country of origin (1) In general The Commissioner shall compile a database of the individual characteristics of honey pro- duced in foreign countries to facilitate the verification of country of origin markings of imported honey. (2) Engagement with foreign governments The Commissioner shall seek to engage the customs agencies of foreign governments for assistance in compiling the database described in paragraph (1). (3) Consultation with industry In compiling the database described in para- graph (1), the Commissioner shall consult with entities in the honey industry regarding the development of industry standards for honey identification. (4) Consultation with Food and Drug Adminis- tration In compiling the database described in para- graph (1), the Commissioner shall consult with the Commissioner of Food and Drugs. (c) Report required Not later than 180 days after February 24, 2016, the Commissioner shall submit to Congress a re- port that— (1) describes and assesses the limitations in the existing analysis capabilities of labora- tories with respect to determining the country of origin of honey samples or the percentage of honey contained in a sample; and (2) includes any recommendations of the Commissioner for improving such capabilities. (d) Sense of Congress It is the sense of Congress that the Commis- sioner of Food and Drugs should promptly estab- lish a national standard of identity for honey for the Commissioner of U.S. Customs and Border Protection to use to ensure that imports of honey are— (1) classified accurately for purposes of as- sessing duties; and (2) denied entry into the United States if such imports pose a threat to the health or safety of consumers in the United States. (Pub. L. 114–125, title VI, § 608, Feb. 24, 2016, 130 Stat. 189.) § 4404. Report on actions taken by United States Trade Representative Not later than one year after the appointment of the first Chief Innovation and Intellectual Property Negotiator pursuant to paragraph (2) of section 2171(b) of this title, as amended by subsection (a),1 and annually thereafter, the United States Trade Representative shall sub- mit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report describing in detail— (1) enforcement actions taken by the Trade Representative during the one-year period pre- ceding the submission of the report to ensure the protection of United States innovation and intellectual property interests; and (2) other actions taken by the Trade Rep- resentative to advance United States innova- tion and intellectual property interests. (Pub. L. 114–125, title VI, § 609(c), Feb. 24, 2016, 130 Stat. 190.) Editorial Notes REFERENCES IN TEXT Subsection (a), referred to in text, means section 609(a) of Pub. L. 114–125, par. (1) of which amended sec- tion 2171(b)(2) of this title. § 4405. Trade Enforcement Trust Fund (a) Establishment There is established in the Treasury of the United States a trust fund to be known as the