119-hr322

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 322 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 322

To amend the Tariff Act of 1930 relating to de minimis treatment under 
 that Act.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 9, 2025

 Mr. Suozzi (for himself and Mr. Dunn of Florida) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

 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) --
            (i) in subparagraph
            (C) , by striking 
 ``$800'' and inserting ``except as provided in 
 subsection

    (b)

    (1) , $800''; and
            (ii) in the matter following subparagraph
            (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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