Modification of requirements in circumvention inquiries

(a) In general Section 781 of the Tariff Act of 1930 (19 U.S.C. 1677j) is amended by striking subsection (f) and inserting the following: (f) Procedures for conducting circumvention inquiries (1) Initiation by administering authority A circumvention inquiry shall be initiated whenever the administering authority determines, from information available to it, that a formal inquiry is warranted into the question of whether the elements necessary for a determination under this section exist. (2) Initiation by inquiry request (A) In general A circumvention inquiry shall be initiated whenever an interested party files an inquiry request that alleges the elements necessary for a determination under this section, accompanied by information reasonably available to the requestor supporting those allegations. (B) Rules The administering authority shall specify requirements for the contents and service of an inquiry request under subparagraph (A). (C) Acceptance of communications The administering authority shall not accept any unsolicited oral or written communication from any person other than the interested party filing an inquiry request before the administering authority decides whether to initiate an inquiry, except for communications regarding the status of the consideration of the inquiry request. (3) Action with respect to inquiry request (A) In general Subject to subparagraph (B), not later than 45 days after the filing of an inquiry request under paragraph (2)(A), the administering authority shall— (i) initiate a circumvention inquiry; (ii) dismiss the inquiry request as inadequate and notify the requestor in writing of the reasons for the dismissal; or (iii) notify all interested parties that the inquiry request will be addressed through a determination under section 781A as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or an antidumping or countervailing duty order. (B) Extension The administering authority may extend the deadline under subparagraph (A) by a period not to exceed 15 days if an interested party has placed information on the record in response to the request for a circumvention inquiry. (4) Determinations (A) Preliminary determinations (i) In general Except as provided in clause (ii), not later than 150 days after the date on which the administering authority initiates a circumvention inquiry under paragraph (1) or (3)(A), the administering authority shall make a preliminary determination, based on the information available to it at the time of the determination, of whether there is a reasonable basis to believe or suspect that the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order. (ii) Extension The administering authority may extend the deadline under clause (i) by a period not to exceed 60 days. (B) Final determinations (i) In general Except as provided in clause (ii), not later than 150 days after issuing a preliminary determination under subparagraph (A) with respect to a circumvention inquiry, the administering authority shall make a final determination of whether the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order. (ii) Extension The administering authority may extend the deadline under clause (i) by a period not to exceed 65 days. (C) Other class or kind determinations If an inquiry request under paragraph (2)(A) is addressed through a class or kind determination under section 781A, the administering authority shall make such determination not later than 335 days after the filing of the inquiry request. (5) Rule of construction Nothing in this section shall be construed to prevent the administering authority from simultaneously initiating a circumvention inquiry under paragraph (1) or (3)(A) and issuing a preliminary determination under paragraph (4)(A).. (b) Suspension of liquidation and collection of deposits of entries subject to circumvention inquiry Section 781 of the Tariff Act of 1930 is further amended by adding at the end the following: (g) Suspension of liquidation and collection of deposits of entries subject to circumvention inquiry (1) Initiation If the administering authority initiates a circumvention inquiry under paragraph (1) or (3)(A) of subsection (f), for each unliquidated entry of merchandise subject to the circumvention inquiry that was already subject to the suspension of liquidation, the administering authority shall order— (A) the continued suspension of liquidation of such entry; and (B) the continued posting of a cash deposit, at the prevailing all-others or country-wide rate, for each such entry. (2) Preliminary determination If the administering authority issues a preliminary affirmative determination under paragraph (4)(A) of subsection (f) with respect to a circumvention inquiry initiated under paragraph (1) or (3)(A) of that subsection, the administering authority shall order— (A) the continued suspension of liquidation for each unliquidated entry of merchandise subject to the circumvention inquiry that was already subject to the suspension of liquidation; (B) the suspension of liquidation for each unliquidated entry of merchandise subject to the circumvention inquiry not yet suspended that is entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the circumvention inquiry; (C) the suspension of liquidation for each entry of merchandise subject to the circumvention inquiry not yet suspended that is entered, or withdrawn from warehouse, for consumption before the date of publication of the notice of initiation of the circumvention inquiry if the administering authority determines, under the circumstances, that suspension under this subparagraph is warranted; and (D) the posting, or continued posting, of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable for each entry of merchandise described in subparagraph (A), (B), or (C). (3) Final determination If the administering authority issues a final affirmative determination under paragraph (4)(B) of subjection (f) with respect to a circumvention inquiry initiated under paragraph (1) or (3)(A) of that subsection, the administering authority shall order— (A) the continued suspension of liquidation for each unliquidated entry of merchandise subject to the circumvention inquiry that was already subject to the suspension of liquidation; (B) the suspension of liquidation of each entry of merchandise subject to the circumvention inquiry that is entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the circumvention inquiry; (C) the suspension of liquidation of each entry of merchandise subject to the circumvention inquiry that is entered, or withdrawn from warehouse, for consumption before the date of publication of the notice of initiation of circumvention inquiry if the administering authority determines, under the circumstances, that suspension under this subparagraph is warranted; and (D) the posting, or continued posting, of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable for each entry of merchandise described in subparagraph (A), (B), or (C). (4) Rule of construction Nothing in this section shall be construed to prevent the administering authority from applying the requirements under this subsection in a class or kind determination under section 781A. (h) Application of circumvention determination (1) In general The administering authority shall consider the appropriate remedy to address circumvention and prevent evasion of an order or finding pursuant to an affirmative determination under subparagraph (A) or (B) of subsection (f)(4). (2) Remedies considered Remedies considered under paragraph (1) may include the following: (A) The application of the determination described in paragraph (1) on a producer-specific, exporter-specific, or importer-specific basis, or some combination thereof, and, as the administering authority determines appropriate, the implementation of a certification requirement under section 785. (B) The application of the determination described in paragraph (1) on a countrywide basis to all merchandise from a particular country, regardless of producer, exporter, or importer of that merchandise, and, as the administering authority determines appropriate, the implementation of a certification requirement under section 785. (3) Exemption for merchandise under certification If a certification requirement under section 785 is implemented under this subsection and the importer or other party to which the requirement is applied complies with that requirement, antidumping and countervailing duties under this title may not be applied to the merchandise under certification.. (c) Publication in the Federal Register Section 777(i) of the Tariff Act of 1930 (19 U.S.C. 1677f(i)) is amended by adding at the end the following: (4) Circumvention inquiries Whenever the administering authority makes a determination under section 781 whether to initiate a circumvention inquiry or makes a preliminary or final determination under subsection (f)(4) of that section, the administering authority shall publish the facts and conclusions supporting that determination and shall publish notice of that determination in the Federal Register.. (d) Adding verification responses in circumvention inquiries Section 782(i) of the Tariff Act of 1930 (19 U.S.C. 1677m(i)) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3)(B), by striking the period at the end and inserting, and; and (3) by adding at the end the following: (4) a final determination in a circumvention inquiry conducted pursuant to section 781 if good cause for verification is shown..