H.R. 5708 (112th): Preventing Recurring Trade Evasion and Circumvention Act

Introduced:
May 10, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Charles Boustany Jr. [R-LA7]
Status:
Died (Referred to Committee)
See Instead:
This bill was re-introduced as H.R. 166 on Jan 04, 2013. See H.R. 166 for current action on this subject.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on May 10, 2012, in a previous session of Congress, but was not enacted.

Progress
Introduced May 10, 2012
Referred to Committee May 10, 2012
Cosponsors
10 cosponsors (8R, 2D) (show)
Committees

House Ways and Means

The committee chair determines whether a bill will move past the committee stage.

Full Title

To prevent the evasion of antidumping and countervailing duty orders, and for other purposes.

Summary

No summaries available.

Text

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Last updated May 10, 2012.
22 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

5/10/2012--Introduced.
Preventing Recurring Trade Evasion and Circumvention Act or PROTECT Act - Directs the Secretary of Homeland Security (DHS) to establish within the Office of International Trade of the U.S. Customs and Border Protection (CBP) a Trade Remedy Law Enforcement Division (including a National Targeting and Analysis Group) to prevent and counter evasion of antidumping or countervailing duty orders with respect to covered merchandise entered into the United States. Directs the Group to establish targeted risk assessment methodologies and standards for:
(1) evaluating the risk that cargo destined for the United States may constitute evading covered merchandise, and
(2) issuing Trade Alerts to U.S. ports of entry directing further inspection of specific merchandise to ensure compliance with U.S. trade remedy laws.
Requires the Group also to use information available from the Automated Targeting System, the Automated Entry System, the International Trade Data System, and the Treasury Enforcement Communications System to administer such methodologies and standards.
Amends the Trade Act of 2002 to repeal the prohibition against use by the Secretary of the Treasury of certain trade data for merchandise entry or commercial enforcement determinations.
Requires the DHS Secretary, acting through the CBP Commissioner, to exercise all authorities to collect information needed to determine whether merchandise is entered into the United States through evasion.
Amends the Tariff Act of 1930 to permit access to proprietary information submitted to the administering authority or the U.S. International Trade Commission (ITC) to a CBP officer or employee who is conducting an investigation regarding negligence or gross negligence with respect to covered merchandise entered into the United States. Directs the Secretary of the Treasury to negotiate and enter into bilateral agreements with customs authorities of foreign countries to prevent evasion of U.S. and foreign trade remedy laws.
Directs the CBP Commissioner to employ sufficient personnel who have expertise in and responsibility for preventing and investigating the entry of covered merchandise into the United States through evasion.
Requires the weighted average dumping margin or individual countervailing duty rate determined for a new exporter (shipper) or producer of merchandise in a review by the administering authority as to whether antidumping or countervailing duties shall be imposed to be based solely on the bona fide U.S. sales made by the exporter or producer during the period of review.
Applies the amendments made by this Act to goods from Canada and Mexico.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

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  • 44 Stat. 1381