Title 19, Customs DutiesRelease 119-110

§4371 Trade Remedy Law Enforcement Division

Title 19 › CHAPTER 28 — TRADE FACILITATION AND TRADE ENFORCEMENT › SUBCHAPTER IV — PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS › Part I — Actions Relating to Enforcement of Trade Remedy Laws › § 4371

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Homeland Security must set up a Trade Remedy Law Enforcement Division inside the Office of Trade. It will have headquarters staff led by a Director who reports to the Executive Assistant Commissioner, plus a National Targeting and Analysis Group focused on preventing evasion. The division will write and run policies to stop evasion, carry out enforcement and compliance checks, make cargo risk assessments, issue Trade Alerts, and create rules on single-entry and continuous bonds to protect collection of antidumping and countervailing duties. The Director will lead CBP’s evasion enforcement work and share information with ICE and other federal agencies. The Director must tell the administering authority and the Commission about any relevant findings or actions. The Director is the main public contact for evasion matters: accepting allegations, updating submitters on status, asking for more information, reporting results, and helping eligible small businesses prepare allegations (help can be denied if not useful). The National Targeting and Analysis Group will build risk methods and, when allowed by law, use systems like the Automated Commercial System, Automated Commercial Environment, Automated Targeting System, Automated Export System, International Trade Data System, and TECS to run them. The Director can issue Trade Alerts directing extra inspections or added bonds or cash to secure duties, taxes, and fees.

Full Legal Text

Title 19, §4371

Customs Duties, Source: USLM XML via OLRC

(a)Establishment

(1)In general

The Secretary of Homeland Security shall establish and maintain within the Office of Trade established under section 2084 of this title a Trade Remedy Law Enforcement Division.

(2)Composition

The Trade Remedy Law Enforcement Division shall be composed of— (A)

(B)a National Targeting and Analysis Group dedicated to preventing and countering evasion.

(3)Duties

The Trade Remedy Law Enforcement Division shall be dedicated—

(A)to the development and administration of policies to prevent and counter evasion, including policies relating to the implementation of section 1517 of this title;

(B)to direct enforcement and compliance assessment activities concerning evasion;

(C)to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the United States in accordance with subsection (c);

(D)to issuing Trade Alerts described in subsection (d); and

(E)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.

(b)Duties of Director (c) Preventing and countering evasion of the trade remedy laws

The duties of the Director of the Trade Remedy Law Enforcement Division shall include—

(1)directing the trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion;

(2)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;

(3)notifying on a timely basis the administering authority (as defined in section 1677(1) of this title) and the Commission (as defined in section 1677(2) of this title) of any finding, determination, civil action, or criminal action taken by U.S. Customs and Border Protection or other Federal agency regarding evasion;

(4)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 section 1517 of this title, which include—

(A)receiving allegations of evasion from parties, including allegations described in section 1517(b)(2) of this title;

(B)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;

(C)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;

(D)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;

(E)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;

(F)in cooperation with the public, the Commercial Customs Operations Advisory Committee established under section 4316 of this title, 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

(G)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.

(d)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.

Reference

Citations & Metadata

Citation

19 U.S.C. § 4371

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110