To modify the procedures for investigating claims of evasion of antidumping and countervailing duty orders.

Bill Number

H.R. 6446

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Foreign Trade and International Finance

Status

Introduced

Latest Action

2025-12-04: Referred to the House Committee on Ways and Means.

Last Updated

2026-05-22T08:08:45Z

AI-Generated Summary

Purpose

This bill, H.R. 6446, aims to strengthen enforcement against evasion of antidumping and countervailing duty orders. (Antidumping duties prevent foreign sellers from pricing goods unfairly low to harm U.S. industries, while countervailing duties offset unfair foreign government subsidies.)

Key Provisions

• Self-Initiation of Investigations: The U.S. Customs and Border Protection (CBP) Commissioner can start an investigation on their own if they have information suggesting that merchandise subject to these duties ("covered merchandise") has entered the U.S. through evasion. The same rules for handling external allegations or referrals apply to these self-initiated cases.
• Judicial Review Requirements: Anyone found to have evaded duties can only seek court review if they have first paid all assessed duties, fees, or penalties ("liquidated duties, charges, or exactions").

Significant Changes to Existing Law

• Adds authority for the CBP Commissioner to self-initiate evasion investigations under Section 517(b)(1) of the Tariff Act of 1930, which previously relied mainly on external tips or referrals.
• Modifies Section 517(g)(1) to require full payment of duties before judicial review, limiting immediate court challenges to evasion findings.

Potential Impacts

• Government Agencies: Empowers CBP to act more proactively on evasion, potentially increasing efficiency in trade enforcement and recovering more revenue from unpaid duties.
• Citizens and Businesses: U.S. domestic industries may benefit from better protection against unfairly priced imports, but importers accused of evasion could face higher upfront costs and delays in disputing findings.
• International Relations: Could deter foreign entities from evading U.S. trade rules, signaling stronger U.S. commitment to fair trade, but might strain relations with trading partners if perceived as overly aggressive.

Main Stakeholders Affected

• U.S. Customs and Border Protection (CBP): Gains expanded investigative powers.
• Importers and Exporters: Face stricter procedures for challenging evasion claims, including payment obligations before court review.
• Domestic U.S. Industries: Protected by antidumping and countervailing duties, likely to see improved enforcement against import evasion.
• U.S. Treasury: Potential for increased duty collections to boost federal revenue.

Notable Legal, Constitutional, or Political Implications

• Legal: Enhances administrative efficiency in trade law but introduces a financial barrier to judicial review, which could raise questions about access to courts (though it aligns with existing "pay first, sue later" principles in customs disputes).
• Constitutional: No direct challenges apparent, as it modifies procedural rules without altering core due process rights.
• Political: Supports bipartisan efforts to combat trade unfairness, potentially appealing to protectionist policies, but may draw criticism from free-trade advocates concerned about added burdens on importers.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Kelly, Mike [R-PA-16]

Cosponsors (8)

Rep. Deluzio, Christopher R. [D-PA-17], Rep. Miller, Carol D. [R-WV-1], Rep. Golden, Jared F. [D-ME-2], Rep. Mrvan, Frank J. [D-IN-1], Rep. Van Duyne, Beth [R-TX-24], Rep. Sewell, Terri A. [D-AL-7], Rep. Khanna, Ro [D-CA-17], Rep. Hinson, Ashley [R-IA-2]

Recent Actions

• 2025-12-04: Referred to the House Committee on Ways and Means.
• 2025-12-04: Introduced in House
• 2025-12-04: Introduced in House

Bill Versions

• To modify the procedures for investigating claims of evasion of antidumping and countervailing duty orders. — issued 2025-12-04 — PDF (2 pages)