19 U.S.C. § 4373 — Additional information

Page 1108 TITLE 19—CUSTOMS DUTIES § 4373 (b) Adverse inference (1) Use of adverse inference (A) In general If the Secretary finds that a person de- scribed in subparagraph (B) has failed to co- operate by not acting to the best of the per- son’s ability to comply with a request for in- formation under subsection (a), the Sec- retary may, in making a determination whether an entry or entries of covered mer- chandise may constitute merchandise that is entered into the customs territory of the United States through evasion, use an infer- ence that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred. (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 cov- ered merchandise into the customs terri- tory 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 An inference described in subparagraph (A) may be used under that subparagraph with respect to a person described in clause (ii) or (iii) of subparagraph (B) without regard to whether another person involved in the same transaction or transactions under examina- tion has provided the information sought by the Secretary, such as import or export doc- umentation. (2) Adverse inference described An adverse inference used under paragraph (1)(A) may include reliance on information de- rived from— (A) the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Cus- toms 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.) § 4373. Additional information Notwithstanding any other provision of law, the Secretary is authorized to provide to the Secretary of Commerce or the United States International Trade Commission any informa- tion that is necessary to enable the Secretary of Commerce or the United States International Trade Commission to assist the Secretary to identify, through risk assessment targeting or otherwise, covered merchandise that is entered into the customs territory of the United States through evasion. (Pub. L. 114–125, title IV, § 413(b), Feb. 24, 2016, 130 Stat. 160.) § 4374. Cooperation with foreign countries on preventing evasion of trade remedy laws (a) Bilateral agreements (1) In general The Secretary shall seek to negotiate and enter into bilateral agreements with the cus- toms authorities or other appropriate authori- ties of foreign countries for purposes of co- operation on preventing evasion of the trade remedy laws of the United States and the trade remedy laws of the other country. (2) Provisions and authorities The Secretary shall seek to include in each such bilateral agreement the following provi- sions and authorities: (A) On the request of the importing coun- try, the exporting country shall provide, consistent with its laws, regulations, and procedures, production, trade, and transit documents and other information necessary to determine whether an entry or entries ex- ported from the exporting country are sub- ject to the importing country’s trade rem- edy laws. (B) On the written request of the import- ing country, the exporting country shall conduct a verification for purposes of ena- bling the importing country to make a de- termination described in subparagraph (A). (C) The exporting country may allow the importing country to participate in a verification described in subparagraph (B), including through a site visit. (D) If the exporting country does not allow participation of the importing country in a verification described in subparagraph (B), the importing country may take this fact into consideration in its trade enforcement and compliance assessment activities re- garding the compliance of the exporting country’s exports with the importing coun- try’s trade remedy laws. (b) Consideration The Commissioner is authorized to take into consideration whether a country is a signatory to a bilateral agreement described in subsection (a) or a party to the USMCA (as defined in sec- tion 4502 of this title) and the extent to which the country is cooperating under the bilateral agreement or the USMCA, as the case may be, for purposes of trade enforcement and compli- ance assessment activities of U.S. Customs and Border Protection that concern evasion by such country’s exports. (c) Report Not later than December 31 of each calendar year beginning after February 24, 2016, the Sec- retary shall submit to the appropriate congres- sional committees a report summarizing— (1) the status of any ongoing negotiations of bilateral agreements described in subsection (a), including the identities of the countries involved in such negotiations; (2) the terms of any completed bilateral agreements described in subsection (a); and