Sec. 101. Trade Remedy Law Enforcement Division

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The Secretary of Homeland Security shall establish and maintain within the Office of International Trade of U.S. Customs and Border Protection, established under section 2(d) of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d) ), a Trade Remedy Law Enforcement Division. The Trade Law Remedy Enforcement Division shall be composed of— headquarters personnel led by a Director, who shall report to the Assistant Commissioner of the Office of International Trade; and a National Targeting and Analysis Group dedicated to preventing and countering evasion.

The Trade Remedy Law Enforcement Division shall be dedicated— to the development and administration of policies to prevent and counter evasion; 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.

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 agencies regarding evasion; notifying on a timely basis the administering authority (as defined in section 771(1) of the Tariff Act of 1930 ( 19 U.S.C. 1677(1) )) and the Commission (as defined in section 771(2) of the Tariff Act of 1930 ( 19 U.S.C. 1677(2) )) of any finding, determination, civil action, or criminal action taken by U.S.

Customs and Border Protection or other Federal agency regarding evasion; and serving as the primary liaison between U.S. Customs and Border Protection and the public regarding United States Government activities concerning evasion, including— receive and transmit to the appropriate U.S. Customs and Border Protection office allegations from parties of evasion; upon request by the party or parties that submitted an allegation of evasion, provide 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 investigations or other actions, such as changes in policies, procedures, or resource allocation as a result of the allegation; as needed, request from the party or parties that submitted an allegation of evasion any additional information that may be relevant for U.S. Customs and Border Protection determining whether to initiate an investigation or take any other action regarding the allegation; notify on a timely basis the party or parties that submitted such an allegation of the results of any 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, provide technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit allegations of evasion, except that the Director may deny assistance if the Director concludes that the allegation, if submitted, would not lead to the initiation of an investigation or any other action to address the allegation; in cooperation with the public, the Advisory Committee on Commercial Operations of the United States Customs Service, the Trade Support Network and any other relevant parties and organizations, develop guidelines on the types and nature of information that may be provided in allegations of evasion; and regularly consult with the public, the Advisory Committee on Commercial Operations of the United States Customs Service, 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.

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 to the extent practicable and otherwise authorized by law, use information available from the Automated Commercial System, the Automated Commercial Environment computer system, the Automated Targeting System, the Automated Entry System, the International Trade Data System, and the Treasury Enforcement Communications System, and any successor systems, to administer the methodologies and standards established under paragraph (1).

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, or physical examination or testing, of specific merchandise to ensure compliance with the trade remedy laws. In this section— the term Advisory Committee on Commercial Operations of the United States Customs Service means the Advisory Committee established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 ( 19 U.S.C. 2071 note); and the term Trade Support Network means the network of private sector entities that provide input on the design and development of modernization projects of U.S.

Customs and Border Protection. Section 343(a)(3) of the Trade Act of 2002 ( 19 U.S.C. 2071 note) is amended— by striking subparagraph (F); and by redesignating subparagraphs

(G)through

(L)as subparagraphs

(F)through (K), respectively.

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