WASHINGTON, D.C., July 19, 2012 — The Coalition for American Solar Manufacturing (CASM) applauded the passage of the bipartisan Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act (S. 1133) in a voice vote by the Senate Finance Committee yesterday. The bill, sponsored by Sens. Ron Wyden (D-Ore.) and Olympia Snowe (R-Maine), would create a timeline for investigating allegations of evasion of antidumping and countervailing duty (AD/CVD) orders by U.S. Customs and Border Protection. The Act will help stop ongoing efforts by unscrupulous foreign manufacturers to undermine the effectiveness of AD/CVD orders by transshipment of goods or other means of circumventing duties.
"The bipartisan ENFORCE Act solves one of the biggest challenges that numerous experts have identified in Customs' enforcement of U.S. trade laws: making a determination in a timely manner," said Gordon Brinser, president of SolarWorld Industries America Inc., based in Oregon. "By codifying the investigative timeline, the act will allow Customs to halt attempts by foreign companies to circumvent U.S. trade law before the illegal imports do even more damage to U.S. industry and workers, including additional lost jobs. We thank Sens. Wyden and Snowe for their ongoing support of American manufacturing and trade laws. CASM strongly urges Congress to pass the act this year either as a stand-alone bill or as an amendment to legislation moving its way through Congress and to President Obama's desk."
As passed by the committee, the ENFORCE Act would require Customs to initiate an investigation within 10 business days of an allegation that reasonably suggests merchandise covered by an AD/CVD, or substantially similar to covered products, is illegally entering the United States. The act requires Customs to make a preliminary determination on the complaint within 90 calendar days of the start of the investigation. If Customs makes an affirmative determination of evasion, the ENFORCE Act will require that AD/CVD penalties be collected in cash until the investigation is concluded. A final decision is required within 270 days. If the preliminary decision is upheld, Customs may require the importer to post a deposit of estimated duties on future entries. The importer also may be subject to civil and criminal penalties.
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The Coalition for American Solar Manufacturing, founded by seven companies that manufacture solar cells and panels in the United States, has more than 215 employers of more than 17,500 workers who have registered their support for CASM's case. The founding manufacturers have plants in nearly every region in the United States, including the Northwest and California, the Southwest, Midwest, Northeast and South and support several thousand U.S. manufacturing jobs. For details about CASM, go to www.americansolarmanufacturing.com; email media questions to email@example.com; other questions or comments may be emailed to firstname.lastname@example.org.
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