119-hr1840

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1840 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1840

 To provide for phase-out of de minimis treatment under the Tariff Act 
 of 1930, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 4, 2025

 Ms. Sanchez introduced the following bill; which was referred to the 
 Committee on Ways and Means

_______________________________________________________________________

 A BILL

 To provide for phase-out 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 ``Closing the De Minimis Loophole 
Act''.

SEC. 2. ELIMINATION OF DE MINIMIS TREATMENT UNDER THE TARIFF ACT OF 
 1930.

    (a) In General.--

Section 321

    (a)

    (2) of the Tariff Act of 1930 (19 
U.S.C. 1321

    (a)

    (2) ) is amended--

    (1) in subparagraph
        (B) , by striking ``, or'' and inserting 
 ``; and''; and

    (2) by striking subparagraph
            (C) and all that follows 
 through ``subdivision

    (2) ; and''.

    (b) Delayed Applicability Date.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
apply--

    (1) with respect to articles originating in China, 
 beginning on the date of the enactment of this Act, except with 
 respect to such articles that were loaded onto a vessel at the 
 port of loading, or in transit on the final mode of transport 
 prior to entry into the United States, during the 3-day period 
 ending on such date of enactment; and

    (2) with respect to articles originating in any other 
 country, to such articles entered, or withdrawn from warehouse 
 for consumption, on or after the date that is 120 days after 
 the date of the enactment of this Act.
            (c) Rulemaking Required.--Pursuant to the authority under 

section 251 of the Revised Statutes (19 U.S.C. 66) and any other applicable 
provision of law, the Secretary of the Treasury shall, during the 120-
day period beginning on the date of the enactment of this Act, carry 
out a rulemaking process to--

    (1) consistently implement the termination of privileges 
 with respect to entry of articles that were authorized under 
 

section 321

    (a)

    (2)
            (C) of the Tariff Act of 1930 (19 U.S.C. 
 1321

    (a)

    (2)
            (C) ) before the date of the enactment of this Act, 
 including with respect to entry procedures;

    (2) ensure that data requirements and entry procedures for 
 informal modes of entry are sufficient to ensure the effective 
 enforcement of the laws of the United States and the efficient 
 and accurate collection of duties, fees, and taxes, including 
 by requiring entities making entry of an article under any of 
 chapters 50 through 63 of the Harmonized Tariff Schedule of the 
 United States

    (HTS) to provide an identification of the HTS 
 heading number or subheading number, including at the 10-digit 
 level if applicable; and

    (3) ensure that regulations and guidance establishing, 
 implementing, and collecting penalties and liabilities 
 associated with informal entry are sufficient to deter unlawful 
 or fraudulent activity and to ensure the exercise of reasonable 
 care in completing and providing accurate documentation.
            (d) International Postal Agreements.--In the case of shipments, the 
entry or release of which would have been made under 

section 321

    (a)

    (2)
            (C) of the Tariff Act of 1930 (19 U.S.C. 1321

    (a)

    (2)
            (C) ) before 
the date of the enactment of this Act, that are sent to the United 
States through the international postal network, the Secretary of the 
Treasury, in consultation with the Postmaster General, shall determine 
appropriate fees and procedures to ensure, to the extent feasible, 
consistency between the treatment of shipments by the U.S. Postal 
Service and other shipments, and may prescribe such changes through 
regulation.
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