Establishment
In general
section 2084 of this titleThe Secretary of Homeland Security shall establish and maintain within the Office of Trade established under a Trade Remedy Law Enforcement Division.
Composition
The Trade Remedy Law Enforcement Division shall be composed of—
headquarters personnel led by a Director, who shall report to the Executive Assistant Commissioner of the Office of Trade; and
a National Targeting and Analysis Group dedicated to preventing and countering evasion.
Duties
The Trade Remedy Law Enforcement Division shall be dedicated—
section 1517 of this title to the development and administration of policies to prevent and counter evasion, including policies relating to the implementation of ;
to direct enforcement and compliance assessment activities concerning evasion;
to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the United States in accordance with subsection (c);
to issuing Trade Alerts described in subsection (d); and
to the development of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of noncollection.
Duties of Director
The duties of the Director of the Trade Remedy Law Enforcement Division shall include—
directing the trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion;
facilitating, promoting, and coordinating cooperation and the exchange of information between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other relevant Federal agencies regarding evasion;
section 1677(1) of this titlesection 1677(2) of this title notifying on a timely basis the administering authority (as defined in ) and the Commission (as defined in ) of any finding, determination, civil action, or criminal action taken by U.S. Customs and Border Protection or other Federal agency regarding evasion;
section 1517 of this title serving as the primary liaison between U.S. Customs and Border Protection and the public regarding activities concerning evasion, including activities relating to investigations conducted under , which include—
section 1517(b)(2) of this title receiving allegations of evasion from parties, including allegations described in ;
upon request by the party or parties that submitted such an allegation of evasion, providing information to such party or parties on the status of U.S. Customs and Border Protection’s consideration of the allegation and decision to pursue or not pursue any administrative inquiries or other actions, such as changes in policies, procedures, or resource allocation as a result of the allegation;
as needed, requesting from the party or parties that submitted such an allegation of evasion any additional information that may be relevant for U.S. Customs and Border Protection determining whether to initiate an administrative inquiry or take any other action regarding the allegation;
notifying on a timely basis the party or parties that submitted such an allegation of the results of any administrative, civil, or criminal actions taken by U.S. Customs and Border Protection or other Federal agency regarding evasion as a direct or indirect result of the allegation;
upon request, providing technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit such an allegation of evasion, except that the Director may deny technical assistance if the Director concludes that the allegation, if submitted, would not lead to the initiation of an administrative inquiry or any other action to address the allegation;
section 4316 of this title in cooperation with the public, the Commercial Customs Operations Advisory Committee established under , the Trade Support Network, and any other relevant parties and organizations, developing guidelines on the types and nature of information that may be provided in such an allegation of evasion; and
consulting regularly with the public, the Commercial Customs Operations Advisory Committee, the Trade Support Network, and any other relevant parties and organizations regarding the development and implementation of regulations, interpretations, and policies related to countering evasion.
Preventing and countering evasion of the trade remedy laws
In carrying out its duties with respect to preventing and countering evasion, the National Targeting and Analysis Group dedicated to preventing and countering evasion shall—
establish targeted risk assessment methodologies and standards—
for evaluating the risk that cargo destined for the United States may constitute evading covered merchandise; and
for issuing, as appropriate, Trade Alerts described in subsection (d); and
section 1411(d) of this title to the extent practicable and otherwise authorized by law, use information available from the Automated Commercial System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the International Trade Data System established under , and the TECS (formerly known as the “Treasury Enforcement Communications System”), and any similar and successor systems, to administer the methodologies and standards established under paragraph (1).
Trade Alerts
Based upon the application of the targeted risk assessment methodologies and standards established under subsection (c), the Director of the Trade Remedy Law Enforcement Division shall issue Trade Alerts or other such means of notification to directors of United States ports of entry directing further inspection, physical examination, or testing of merchandise to ensure compliance with the trade remedy laws and to require additional bonds, cash deposits, or other security to ensure collection of any duties, taxes, and fees owed.