Enforcing Orders and Reducing Customs Evasion Act of 2012
Latest action. Placed on Senate legislative calendarThe list of measures reported out of committee and eligible for floor action. Being on the calendar is not a promise of a vote.Read the full definition (opens a new tab) under General Orders. Calendar No. 500.
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Enforcing Orders and Reducing Customs Evasion Act of 2012 - (Sec. 2) Amends the Tariff Act of 1930 to require the Commissioner responsible for U.S. Customs and Border Protection (CBP), upon the filing of an allegation or a referral from another federal agency, to investigate claims of evasion of antidumping or countervailing duties with respect to covered merchandise entered into the United States.
Defines "evasion" to mean entering covered merchandise into U.S. customs territory by means (except in the case of clerical error) of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any material omission, which results in reduction or non-application of any cash deposit or other security or any amount of applicable antidumping or countervailing duties.
Requires the Commissioner, if after the initiation of an investigation and a finding of reasonable suspicion, as an interim measure to: (1) suspend liquidation of each unliquidated entry of covered merchandise, (2) extend the period for liquidating each unliquidated entry entered before the date of such investigation, and (3) take such additional measures to protect U.S. revenue.
Requires the Commissioner, in the case of an affirmative determination based on substantial evidence, to: (1) suspend or continue to suspend liquidation of unliquidated entries of covered merchandise, (2) extend or continue to extend the period for liquidating such entries, (3) request the administering authority (Secretary of Commerce or other responsible U.S. officer) to identify the applicable antidumping or countervailing duties or cash deposit rate for such entries, (4) require the posting of cash deposits and assess duties, and (5) take appropriate additional enforcement measures.
Applies the amendments made by this Act to goods from Canada and Mexico.
(Sec. 3) Directs the Secretary to report annually to Congress on efforts being taken to prevent and investigate the entry of covered merchandise into the U.S. customs territory through evasion.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Reported to Senate without amendment" stage on September 10, 2012. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on September 10, 2012: Placed on Senate Legislative Calendar under General Orders. Calendar No. 500.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 112th Congress (2011-12), 283 of the 10,618 bills and joint resolutions introduced became law, about 2.7 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
MAX BAUCUS (D-MT) introduced it on September 10, 2012. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on September 10, 2012, 5160 days ago. The most recent recorded action was 5160 days ago, on September 10, 2012.
Measures do not carry over. Anything the 112th Congress has not finished by January 3, 2013 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers