Sec. 104. Cooperation with foreign countries on preventing evasion of trade remedy laws
356 words·~2 min read·
/bill/113/hr/166/ih/section-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. The Secretary shall seek to include in each such bilateral agreement the following provisions and authorities: On the request of the importing party, the exporting party 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 party are subject to the importing party’s trade remedy laws.
On the written request of the importing party, the exporting party shall conduct a verification for purposes of enabling the importing party to make a determination described in subparagraph (A). The exporting party may allow the importing party to participate in a verification described in subparagraph (B), including through a site visit. If the exporting party does not allow participation of the importing party in a verification described in subparagraph (B), the importing party may take this fact into consideration in its trade enforcement and compliance assessment activities regarding the compliance of the exporting countries’ exports with the importing countries’ trade remedy laws.
The Commissioner is authorized to take into consideration whether a country is a signatory to a bilateral agreement described in subsection
(a)and the extent to which the country is cooperating under the bilateral agreement for purposes of trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion by such country’s exports. Not later than December 31 of each year beginning after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report summarizing— the status of any ongoing negotiations of bilateral agreements described in subsection (a), including the identities of the countries involved in such negotiations; the terms of any completed bilateral agreements described in subsection (a); and bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral agreements described in subsection (a).