Introduction of the Enforcing Orders and Reducing Customs Evasion (Enforce) Act of 2010 --

Floor Speech

* Ms. LINDA T. SÁNCHEZ of California. Madam Speaker, today, joined by Representatives Walter Jones and Mark Critz, I introduce the Enforcing Orders and Reducing Customs Evasion Act, or the ENFORCE Act. This legislation is critical to improving our ability to enforce trade laws.

* This bill is about protecting American businesses and the workers that keep those businesses thriving.

* Unfortunately, under current law, too many foreign producers flout our trade laws. Too many ship mislabeled goods to the U.S. to avoid paying legally imposed anti-dumping or countervailing duties. And they do this with impunity, rarely paying a price for their crimes.

* Many of these fraudsters even have websites advertising how, for a fee, they can help you avoid paying the duties legally owed the United States. In November, my colleague Senator Wyden of Oregon, published a useful report identifying 12 such Chinese companies.

* Most of these companies' evasion schemes involve illegal transshipment through a third country and falsified country-of-origin certificates for Chinese products destined for the United States and other export markets.

* This dishonest conduct robs the American people and our federal coffers of money rightly owed. But perhaps more importantly, it gives these deceitful actors an advantage over American businesses. It has forced hundreds of businesses, in my district and others, to permanently close their doors.

* Too many businesses like Michel's Furniture in Lynwood, California, in my own district, have shut their doors because through duty evasion, foreign products receive an unfair and illegal price advantage over our homegrown, American products.

* That is why I am proud to introduce the bi-partisan ENFORCE Act.

* The ENFORCE Act strengthens the ability of the Bureau of Customs and Border Protection, CBP, to combat duty evasion by foreign manufacturers. For the first time, domestic producers will have the opportunity to formally petition CBP to investigate possible anti-dumping and countervailing duty evasions.

* The ENFORCE Act requires CBP to initiate an investigation and to make timely preliminary and final determinations as to whether an importer engaged (or is engaging) in evasion. No longer will domestic producers wait helplessly by, hoping that CBP will act to vindicate their rights. The bill requires CBP to act and then publicly report on its findings within prescribed timeframes.

* Finally, foreign violators will be held accountable for the damage they do to American businesses, workers, and our economy as a whole.

* American businesses and workers can compete and win against products from anywhere in the world--if we have a level playing field.

* The ENFORCE Act will help create that level playing field, supporting U.S. businesses and their employees.

* I urge my colleagues to support this bi-partisan, pro-business, pro-American bill.

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