---
kind: "section"
citation: "19 U.S.C. § 4374"
title: "19"
title_heading: "Customs Duties"
number: "4374"
heading: "Cooperation with foreign countries on preventing evasion of trade remedy laws"
release: "119-102"
url: "https://uscodex.org/usc/19/4374"
units:
  - "Chapter 28 — Trade Facilitation and Trade Enforcement"
  - "Subchapter IV — Prevention of Evasion of Antidumping and Countervailing Duty Orders"
  - "Part I — Actions Relating to Enforcement of Trade Remedy Laws"
---

# §4374. Cooperation with foreign countries on preventing evasion of trade remedy laws

- (a) **Bilateral agreements—**
  - (1) **In general—** The [Secretary](/usc/19/4361.md?p=6) shall seek to negotiate and [enter](/usc/19/4361.md?p=4) into bilateral [agreements](/usc/19/2518.md?p=1) with the customs authorities or other appropriate authorities of foreign countries for purposes of cooperation on preventing [evasion](/usc/19/4361.md?p=5) of the [trade remedy laws](/usc/19/4361.md?p=7) of the United States and the [trade remedy laws](/usc/19/4361.md?p=7) of the other country.
  - (2) **Provisions and authorities—** The [Secretary](/usc/19/4361.md?p=6) shall seek to include in each such bilateral [agreement](/usc/19/2518.md?p=1) the following provisions and authorities:
    - (A) On the request of the importing country, the exporting country shall provide, consistent with its laws, regulations, and procedures, production, trade, and transit documents and other information necessary to determine whether an [entry](/usc/19/4361.md?p=4) or [entries](/usc/19/4361.md?p=4) exported from the exporting country are subject to the importing country’s [trade remedy laws](/usc/19/4361.md?p=7).
    - (B) On the written request of the importing country, the exporting country shall conduct a verification for purposes of enabling the importing country to make a determination described in [subparagraph (A)](#a-2-A).
    - (C) The exporting country may allow the importing country to participate in a verification described in [subparagraph (B)](#a-2-B), including through a site visit.
    - (D) If the exporting country does not allow participation of the importing country in a verification described in [subparagraph (B)](#a-2-B), the importing country may take this fact into consideration in its [trade enforcement](/usc/19/4301.md?p=6) and compliance assessment activities regarding the compliance of the exporting country’s exports with the importing country’s [trade remedy laws](/usc/19/4361.md?p=7).
- (b) **Consideration—** The [Commissioner](/usc/19/4301.md?p=3) is authorized to take into consideration whether a country is a signatory to a bilateral [agreement](/usc/19/2518.md?p=1) described in [subsection (a)](#a) or a party to the [USMCA](/usc/19/1508.md?p=b-1-A) (as defined in [section 4502 of this title](/usc/19/4502.md)) and the extent to which the country is cooperating under the bilateral [agreement](/usc/19/2518.md?p=1) or the [USMCA](/usc/19/1508.md?p=b-1-A), as the case may be, for purposes of [trade enforcement](/usc/19/4301.md?p=6) and compliance assessment activities of U.S. Customs and Border Protection that concern [evasion](/usc/19/4361.md?p=5) by such country’s exports.
- (c) **Report—** Not later than December 31 of each calendar year beginning after February 24, 2016, the [Secretary](/usc/19/4361.md?p=6) shall submit to the [appropriate congressional committees](/usc/19/4361.md?p=1) a report summarizing—
  - (1) the status of any ongoing negotiations of bilateral [agreements](/usc/19/2518.md?p=1) described in [subsection (a)](#a), including the identities of the countries involved in such negotiations;
  - (2) the terms of any completed bilateral [agreements](/usc/19/2518.md?p=1) described in [subsection (a)](#a); and
  - (3) bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral [agreements](/usc/19/2518.md?p=1) described in [subsection (a)](#a).

## Source credit

(Pub. L. 114–125, title IV, § 414, Feb. 24, 2016, 130 Stat. 160; Pub. L. 116–113, title IV, § 401, Jan. 29, 2020, 134 Stat. 61.)

## Notes

### Editorial Notes

### Amendments

2020—Subsec. (b). Pub. L. 116–113 inserted “or a party to the USMCA (as defined in section 4502 of this title)” after “subsection (a)” and “or the USMCA, as the case may be,” after “the bilateral agreement”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2020 Amendment

Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of this title.

### Effect of Termination of USMCA Country Status

For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.