NO CHEATS Act
Sponsored By: Senator Moreno, Bernie [R-OH]
Introduced
Summary
Recovers antidumping and countervailing duties improperly waived for certain Southeast Asian solar imports. It would require U.S. Customs and Border Protection to assess and collect those duties and interest for covered crystalline silicon photovoltaic cell entries entered or withdrawn for consumption between June 6, 2022 and June 6, 2024 that relied on Presidential Proclamation 10414 but did not qualify.
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- Importers of record would receive bills for unpaid duties and interest on covered entries. They could challenge assessments through administrative and judicial review and may still face penalties under existing law.
- U.S. Customs and Border Protection would have 90 days after enactment to assess and collect duties and must calculate interest from the date of entry until payment using procedures under the Tariff Act.
- Collected duties and interest would be deposited into the Treasury general fund. CBP would publish quarterly lists of billed importers showing name, address, aggregate amount assessed, number of covered entries, and payment status and update the list within 30 days of material changes while protecting FOIA exempt and law enforcement information.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
New duties on some solar imports
If enacted, the bill would require U.S. Customs and Border Protection (CBP) to assess and collect antidumping and countervailing cash deposits on unliquidated entries, and duties on liquidated entries, of certain crystalline silicon photovoltaic cells. Covered entries would be those entered or withdrawn for consumption from June 6, 2022 through June 6, 2024 that were admitted duty-free under Presidential Proclamation 10414, are subject to one or more duty orders (including circumvention findings), and are under an ongoing administrative review. CBP would have to begin assessments within 90 days after enactment and interest on duties for liquidated entries would accrue from the entry date until full payment. Duties and interest collected would be deposited in the Treasury general fund. CBP would publish a public list of importers billed within 90 days and then quarterly until all assessments are complete, and update any material payment-status change within 30 days. The bill would preserve importers' rights to administrative and judicial review and would not extend statutes of limitations or force disclosure of information exempt from FOIA or that would harm ongoing law enforcement investigations.
Sponsors & CoSponsors
Sponsor
Moreno, Bernie [R-OH]
OH • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov