Title 19 — Customs DutiesRelease 119-73

§4372 Collection of information on evasion of trade remedy laws

Title 19 › Chapter CHAPTER 28— - TRADE FACILITATION AND TRADE ENFORCEMENT › Subchapter SUBCHAPTER IV— - PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS › Part Part I— - Actions Relating to Enforcement of Trade Remedy Laws › § 4372

Last updated Apr 6, 2026|Official source

Summary

The Secretary, through the Commissioner, must use all current powers to gather the facts needed to decide if goods are being brought into the United States by evading trade remedy laws. The Commissioner can collect extra information any way they think is needed, including sending questionnaires to the person who filed the complaint, the person accused of evasion, or anyone else who likely has relevant information. If someone who was asked for information does not cooperate or does not try their best to answer, the Secretary may draw a negative conclusion about that person when deciding if evasion happened. That person can be the complainant, the accused importer, or a foreign producer or exporter. The Secretary can use that negative conclusion even if others in the same transaction gave documents. The negative conclusion can be based on the allegation sent to U.S. Customs and Border Protection, a prior Commissioner finding in another case, or any other available information.

Full Legal Text

Title 19, §4372

Customs Duties — Source: USLM XML via OLRC

(a)To determine whether covered merchandise is being entered into the customs territory of the United States through evasion, the Secretary, acting through the Commissioner—

(1)shall exercise all existing authorities to collect information needed to make the determination; and

(2)may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to—

(A)a person who filed an allegation with respect to the covered merchandise;

(B)a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or

(C)any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion.

(b)(1)(A)If the Secretary finds that a person described in subparagraph (B) has failed to cooperate by not acting to the best of the person’s ability to comply with a request for information under subsection (a), the Secretary may, in making a determination whether an entry or entries of covered merchandise may constitute merchandise that is entered into the customs territory of the United States through evasion, use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred.

(B)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 covered merchandise into the customs territory 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)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 examination has provided the information sought by the Secretary, such as import or export documentation.

(2)An adverse inference used under paragraph (1)(A) may include reliance on information derived from—

(A)the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs 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.

Reference

Citations & Metadata

Citation

19 U.S.C. § 4372

Title 19 — Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73