ANNOUNCED AS TEMPORARYNo
The Finance Committee of the U.S. Senate approved on July 18, 2012 the 'Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act' (S.1133/H.R.3057). Sponsored on the Senate side by Chairman Ron Wyden of the committee's Subcommittee on International Trade, Customs, and Global Competitiveness, the measure gives greater authority to U.S. Customs and Border Protection (CBP) to enforce antidumping and countervailing duty orders. The bill directs the CBP to investigate claims of evasion of trade-remedy orders. In instances of affirmative final determinations by CBP, the commissioner would be authorized to suspend or continue to suspend liquidation of each entry of covered merchandise; notify the administering authority (Secretary of Commerce or other responsible U.S. officer) of the determination and request identification of the applicable antidumping or countervailing duties or cash deposit rate for such entries; require the posting of cash deposits and assess duties; review and reassess the amount of bond or other security required to be posted for covered merchandise entered on or after the date of such determination; and take appropriate additional enforcement measures. The bill specifically includes goods from Canada and Mexico. Without this directive, NAFTA commitments would otherwise exclude imports from those trading partners from the bill. The bill now awaits action in the full Senate as well as the House of Representatives.
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