[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6412 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6412
To exclude products from non-market economy countries and products that
are subject to certain enforcement actions from the privilege of de
minimis treatment under the Tariff Act of 1930, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 18, 2022
Mr. Blumenauer introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To exclude products from non-market economy countries and products that
are subject to certain enforcement actions from the privilege of de
minimis treatment under the Tariff Act of 1930, and for other purposes.
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--
(i) by striking ``subdivision (2)'' each
place it appears and inserting ``paragraph'';
and
(ii) by inserting after ``lots'' the
following: ``or is forwarded through a
distribution or processing facility located in
a foreign country'';
(2) by striking ``(b) The Secretary'' and inserting the
following:
``(b) Exceptions.--
``(1) In general.--The following articles may not be
admitted free of duty or tax under the authority provided by
subsection (a)(2)(C):
``(A) An article the country of origin of which--
``(i) is a nonmarket economy country (as
such term is defined in section 771(18)); and
``(ii) is 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))).
``(B) An article that is subject to an action
authorized under section 301(c) of the Trade Act of
1974 (19 U.S.C. 2411(c)) or section 232(c) of the Trade
Expansion Act of 1962 (19 U.S.C. 1862(c)).
``(2) Other exceptions.--The Secretary''; and
(3) by adding at the end the following:
``(c) Definition.--In subsection (a)(2), the term `distribution or
processing facility' means a facility used primarily for the storage of
articles that are intended for subsequent shipment.''.
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 is authorized to prescribe
regulations to authorize or 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
pursuant to paragraph (1) may provide that such documentation
or information include documentation or information regarding
the offer for sale or purchase, or the subsequent sale,
purchase, transportation, importation or warehousing of such
articles, including such documentation or information relating
to the offering of such articles 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) such documentation or information 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 the margins of 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 the case of detained
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 detained
merchandise that may qualify for an
administrative exemption pursuant to section
321(a)(2)(C), 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 detained merchandise.
``(iii) Abandonment due to lack of
response.--If U.S. Customs and Border
Protection does not receive a response from
each interested party in detained merchandise
that may qualify for an administrative
exemption pursuant to section 321(a)(2)(C)
within 15 days of the date on which such notice
is issued to the interested parties, the
merchandise shall be deemed to be abandoned and
title to such merchandise shall be vested in
the United States and 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 15th day after the date of the enactment of this Act.
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