19 U.S.C. § 4374: Cooperation with foreign…

Summary

The Secretary must try to make two-way agreements with other countries’ customs or similar authorities so they work together to stop people from avoiding U.S. trade remedy laws. Each agreement should let the importing country ask for production, trade, transit papers and other needed information (as allowed by the exporting country’s own laws). The exporting country should, if asked in writing, carry out a check to help the importing country decide if its exports are covered by trade rules. The exporting country may let the importing country join that check, including a site visit. If the exporting country refuses to allow participation, the importing country can consider that refusal when enforcing its trade rules. The Commissioner of U.S. Customs and Border Protection may consider whether a country has one of these agreements or is in the USMCA and how well it cooperates when doing enforcement and compliance checks on that country’s exports. Not later than December 31 of each calendar year beginning after February 24, 2016, the Secretary must send Congress a report showing which negotiations are ongoing (and with which countries), the terms of any finished agreements, and the cooperation and activities done under those agreements.

Title 19, §4374

Customs Duties, Source: USLM XML via OLRC

(a)Bilateral agreements

(1)In general

The Secretary shall seek to negotiate and enter into bilateral agreements with the customs authorities or other appropriate authorities of foreign countries for purposes of cooperation on preventing evasion of the trade remedy laws of the United States and the trade remedy laws of the other country.

(2)Provisions and authorities

The Secretary shall seek to include in each such bilateral agreement the following provisions and authorities:

(A)On the request of the importing country, the exporting country shall provide, consistent with its laws, regulations, and procedures, production, trade, and transit documents and other information necessary to determine whether an entry or entries exported from the exporting country are subject to the importing country’s trade remedy laws.

(B)On the written request of the importing country, the exporting country shall conduct a verification for purposes of enabling the importing country to make a determination described in subparagraph (A).

(C)The exporting country may allow the importing country to participate in a verification described in subparagraph (B), including through a site visit.

(D)If the exporting country does not allow participation of the importing country in a verification described in subparagraph (B), the importing country may take this fact into consideration in its trade enforcement and compliance assessment activities regarding the compliance of the exporting country’s exports with the importing country’s trade remedy laws.

(b)Consideration

The Commissioner is authorized to take into consideration whether a country is a signatory to a bilateral agreement described in subsection (a) or a party to the USMCA (as defined in section 4502 of this title) and the extent to which the country is cooperating under the bilateral agreement or the USMCA, as the case may be, for purposes of trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion by such country’s exports.

(c)Report

Not later than December 31 of each calendar year beginning after February 24, 2016, the Secretary shall submit to the appropriate congressional committees a report summarizing—

(1)the status of any ongoing negotiations of bilateral agreements described in subsection (a), including the identities of the countries involved in such negotiations;

(2)the terms of any completed bilateral agreements described in subsection (a); and

(3)bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral agreements described in subsection (a).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (b). Pub. L. 116–113 inserted “or a party to the USMCA (as defined in section 4502 of this title)” after “subsection (a)” and “or the USMCA, as the case may be,” after “the bilateral agreement”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 AmendmentAmendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of this title. Effect of Termination of USMCA Country StatusFor provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.

§4374 Cooperation with Foreign Countries on Preventing Evasion of Trade Remedy Laws