[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2004 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2004
To amend the Tariff Act of 1930 relating to de minimis treatment under
that Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2023
Mr. Brown (for himself and Mr. Rubio) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 relating to de minimis treatment under
that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Import Security and Fairness Act''.
SEC. 2. ADDITIONAL EXCEPTIONS TO EXEMPTIONS FOR DE MINIMIS TREATMENT
UNDER THE TARIFF ACT OF 1930.
Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``(a) The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(B) in paragraph (2)(C), by striking ``$800'' and
inserting ``except as provided in subsection (b)(1),
$800''; and
(C) in the matter following such paragraph (2)(C),
as so amended, by striking ``subdivision (2)'' each
place it appears and inserting ``paragraph''; and
(2) by striking ``(b) The Secretary'' and inserting the
following:
``(b) Exceptions.--
``(1) In general.--An article may not be admitted free of
duty or tax under the authority provided by subsection
(a)(2)(C) if the country of origin of such article, or the
country from which such article is shipped, is--
``(A) a nonmarket economy country (as such term is
defined in section 771(18)); and
``(B) a country included in the priority watch list
(as such term is defined in section 182(g)(3) of the
Trade Act of 1974 (19 U.S.C. 2242(g)(3))).
``(2) Other exceptions.--The Secretary''.
SEC. 3. ADDITIONAL ADMINISTRATIVE PROVISIONS RELATING TO DE MINIMIS
TREATMENT UNDER THE TARIFF ACT OF 1930.
(a) Administrative Exemptions.--Section 321 of the Tariff Act of
1930 (19 U.S.C. 1321), as amended by section 2, is further amended by
adding at the end the following:
``(c) Submission of Documentation and Information.--
``(1) In general.--For any articles that may qualify for an
administrative exemption pursuant to subsection (a)(2), the
Secretary of the Treasury shall, not later than 180 days after
the date of the enactment of the Import Security and Fairness
Act, prescribe regulations to require the submission,
transmission, or otherwise making available of such
documentation or information to U.S. Customs and Border
Protection as the Secretary determines is reasonably necessary
for U.S. Customs and Border Protection to determine the
eligibility of such articles to qualify for such exemption.
``(2) Matters to be included.--The regulations prescribed
under paragraph (1)--
``(A) shall require that documentation or
information with respect to an article described in
that paragraph include, at a minimum--
``(i) a description of the article;
``(ii) the appropriate classification of
the article under the Harmonized Tariff
Schedule of the United States;
``(iii) the country of origin of the
article;
``(iv) the country from which the article
is shipped;
``(v) the identity of the shipper;
``(vi) the identity of the importer; and
``(vii) the transaction value of the
article in the United States; and
``(B) may provide that such documentation or
information include other documentation or information
regarding the offer for sale or purchase, or the
subsequent sale, purchase, transportation, importation
or warehousing of an article described in paragraph
(1), including such documentation or information
relating to the offering of the article for sale or
purchase in the United States through a commercial or
marketing platform, including an electronic commercial
or marketing platform.
``(3) Veracity of documentation and information.--
``(A) In general.--The regulations prescribed
pursuant to paragraph (1) shall provide that--
``(i) the documentation or information
described in that paragraph is true and correct
to the best of the knowledge and belief of the
party submitting, transmitting, or otherwise
making available such documentation or
information, subject to any penalties
authorized by law; or
``(ii) if such party is not able to
reasonably verify whether such documentation or
information is true and correct to the best of
the knowledge and belief of the party, such
documentation or information may be submitted,
transmitted, or otherwise made available on the
basis of what the party reasonably believes to
be true and correct.
``(B) Use for any lawful purpose.--Such
documentation or information may be used by U.S.
Customs and Border Protection for any lawful purpose.
``(4) Civil penalties.--Any person who violates the
regulations prescribed pursuant to paragraph (1) is liable for
a civil penalty of $5,000 for the first violation, and $10,000
for each subsequent violation. A penalty imposed under this
paragraph is in addition to any other penalty provided by law.
``(d) Importations Involving Suspended or Debarred Persons.--The
Secretary of the Treasury is authorized to prescribe regulations to
authorize exceptions to any administrative exemption pursuant to
subsection (a) for any articles the importation of which is caused or
otherwise facilitated by any person suspended or debarred from doing
business with the Federal Government at the time of the importation.''.
(b) Examination of Merchandise.--Section 499(c) of the Tariff Act
of 1930 (19 U.S.C. 1499(c)) is amended--
(1) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection'';
and
(2) in paragraph (2)--
(A) in the first sentence, by striking ``The
Customs Service'' and inserting the following:
``(A) In general.--U.S. Customs and Border
Protection'';
(B) in the second sentence--
(i) by striking ``The'' and inserting the
following:
``(B) Information to be included.--The''; and
(ii) by redesignating the subsequent
subparagraphs (A), (B), (C), (D), and (E) as
clauses (i), (ii), (iii), (iv), and (v),
respectively, and moving such clauses, as
redesignated, 2 ems to the right; and
(C) by adding at the end the following:
``(C) Additional requirements relating to
merchandise that may qualify for certain administrative
exemptions.--
``(i) In general.--In a case in which U.S.
Customs and Border Protection has made a
decision to detain merchandise that may qualify
for an administrative exemption pursuant to
section 321(a)(2)(C), U.S. Customs and Border
Protection shall issue such notice to each
party that U.S. Customs and Border Protections
determines may have an interest in the detained
merchandise, based on information reasonably
available to U.S. Customs and Border
Protection, in such form and manner as the
Secretary of the Treasury shall by regulation
prescribe.
``(ii) Voluntary abandonment of
merchandise.--In the case of merchandise
described in clause (i), such notice shall also
advise each such interested party that, in lieu
of supplying information to U.S. Customs and
Border Protection in accordance with
subparagraph (B)(v), the interested parties may
voluntarily abandon the merchandise.
``(iii) Abandonment or export due to lack
of response.--If U.S. Customs and Border
Protection does not receive a response from
each interested party in merchandise described
in clause (i) within 30 days of the date on
which such notice is issued to the interested
parties, the merchandise may--
``(I) be denied entry and be
permitted to be exported, with the
importer responsible for paying all
expenses of exportation; or
``(II) be deemed to be abandoned,
in which case title to such merchandise
shall be vested in the United States
and the merchandise shall be disposed
of in accordance with law.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
articles entered, or withdrawn from warehouse for consumption, on or
after the 180th day after the date of the enactment of this Act.
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