§ 4374. Cooperation with foreign countries on preventing evasion of trade remedy laws

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   Enforce and Protect Act of 2015

   Pub. L. 114–125 title IV § 414 · 130 Stat. 122

   Enacted · 19 U.S.C. § 4374

   Pub. L. 114–125, title IV, § 414, Feb. 24, 2016, 130 Stat. 160

   Source evidence

   Code source credit
   Pub. L. 114–125, title IV, § 414, Feb. 24, 2016, 130 Stat. 160

   Enacted provision · exact public law section
   SEC. 414. 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 customs authorities or other appropriate authorities of foreign countries for purposes of cooperation 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 provisions and authorities: (A) On the request of the importing country, 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 exported from the exporting country are subject to the importing country’s trade remedy laws. (B) On the written request of the importing country, the exporting country shall conduct a verification for purposes of enabling the importing country to make a determination 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 regarding the compliance of the exporting country’s exports with the importing country’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) and the extent to which the country is cooperating under the bilateral agreement for purposes of trade enforcement and compliance 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 the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional 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 (3) bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral agreements described in subsection (a).

2. 2020

   United States-Mexico-Canada Agreement Implementation Act

   Pub. L. 116–113 title IV § 401 · 134 Stat. 11

   Inserted · 19 U.S.C. § 4374(b)

   Pub. L. 116–113 inserted “or a party to the USMCA (as defined in section 4502 of this title)” after “subsection (a)” and “or the USMCA, as the case may be,” after “the bilateral agreement”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 116–113 inserted “or a party to the USMCA (as defined in section 4502 of this title)” after “subsection (a)” and “or the USMCA, as the case may be,” after “the bilateral agreement”.

   Enacted provision · exact public law section
   SEC. 401. COOPERATION ON DUTY EVASION.   Section 414(b) of the Enforce and Protect Act of 2015 (19 U.S.C. 4374(b)) is amended— (1) by inserting “or a party to the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)” after “subsection (a)”; and (2) by inserting “or the USMCA, as the case may be,” after “the bilateral agreement”.

   Effective date note
   Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of this title.

2 of 2 references resolved to an enrolled provision