HR322-119

3. Additional administrative provisions relating to de minimis treatment under the Tariff Act of 1930 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: 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. The regulations prescribed under paragraph (1)— shall require that documentation or information with respect to an article described in that paragraph include, at a minimum— a description of the article; the appropriate classification of the article under the Harmonized Tariff Schedule of the United States; the country of origin of the article; the country from which the article is shipped; the identity of the shipper; the identity of the importer; and the transaction value of the article in the United States; and 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. The regulations prescribed pursuant to paragraph (1) shall provide that— 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 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. Such documentation or information may be used by U.S. Customs and Border Protection for any lawful purpose. 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. 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. Section 499(c) of the Tariff Act of 1930 (19 U.S.C. 1499(c)) is amended— by striking the Customs Service each place it appears and inserting U.S. Customs and Border Protection; and in paragraph (2)— in the first sentence, by striking The Customs Service and inserting the following: U.S. Customs and Border Protection in the second sentence— by striking The and inserting the following: The 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 by adding at the end the following: 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. 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. 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— be denied entry and be permitted to be exported, with the importer responsible for paying all expenses of exportation; or 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. (c)Submission of documentation and information(1)In generalFor 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 includedThe 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 generalThe 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 purposeSuch documentation or information may be used by U.S. Customs and Border Protection for any lawful purpose.(4)Civil penaltiesAny 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 personsThe 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.. (A)In generalU.S. Customs and Border Protection; (B)Information to be includedThe; and (C)Additional requirements relating to merchandise that may qualify for certain administrative exemptions(i)In generalIn 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 merchandiseIn 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 responseIf 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..