Federal · Title 19 — Customs Duties

19 U.S.C. § 4372: Collection of information on evasion of trade remedy laws

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shall exercise all existing authorities to collect information needed to make the determination; and a person who filed an allegation with respect to the covered merchandise; a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion. If the Secretary finds that a person described in subparagraph (B) has failed to cooperate by not acting to the best of the person’s ability to comply with a request for information under subsection (a), the Secretary may, in making a determination whether an entry or entries of covered merchandise may constitute merchandise that is entered into the customs territory of the United States through evasion, use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred. a person who filed an allegation with respect to covered merchandise; a person alleged to have entered covered merchandise into the customs territory of the United States through evasion; or a foreign producer or exporter of covered merchandise that is alleged to have entered into the customs territory of the United States through evasion. An inference described in subparagraph (A) may be used under that subparagraph with respect to a person described in clause (ii) or (iii) of subparagraph (B) without regard to whether another person involved in the same transaction or transactions under examination has provided the information sought by the Secretary, such as import or export documentation. the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border Protection; a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or any other available information.

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