119-hr805

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 805 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 805

 To amend 

section 321 of the Tariff Act of 1930 to modify the 
 administrative exemptions under that Act.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 28, 2025

 Mr. Murphy introduced the following bill; which was referred to the 
 Committee on Ways and Means

_______________________________________________________________________

 A BILL

 To amend 

section 321 of the Tariff Act of 1930 to modify the 
 administrative exemptions 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 ``End China's De Minimis Abuse Act''.

SEC. 2. MODIFICATION OF ADMINISTRATIVE EXEMPTIONS UNDER THE TARIFF ACT 
 OF 1930.

    (a) In General.--

Section 321 of the Tariff Act of 1930 (19 U.S.C. 
1321) is amended--

    (1) in subsection

    (a)

    (2) --
        (A) in the matter preceding subparagraph
        (A) , by 
 striking ``admit articles'' and inserting ``subject to 
 subsection

    (b)

    (1) , admit articles'';
        (B) in subparagraph
            (C) --
            (i) by striking ``$800'' and inserting 
 ``subject to subsection

    (b)

    (2) , $800''; and
            (ii) by striking the period at the end and 
 inserting ``; and'';
            (C) in the matter following subparagraph
            (C) , by 
 striking ``The privilege'' and all that follows through 
 ``; and'';

    (2) by redesignating subsection

    (b) as subsection
            (d) ; and

    (3) by inserting after subsection

    (a) the following:
 ``

    (b)

    (1) The privilege of subparagraph
        (A) ,
        (B) , or
            (C) of 
subsection

    (a)

    (2) shall not be granted in any case in which merchandise 
covered by a single order or contract is forwarded in separate lots to 
secure the benefit of such subsection.
 ``

    (2) The privilege of subparagraph
            (C) of subsection

    (a)

    (2) shall 
not be granted with respect to any article that is subject to duties or 
other import restrictions under any of the following provisions of law:
 ``
        (A) Subtitle A or B of title VII of this Act.
 ``
        (B) Section 201 of the Trade Act of 1974 (19 U.S.C. 
 2251).
 ``
            (C) Section 301 of the Trade Act of 1974 (19 U.S.C. 
 2411).
 ``
            (D) Section 232 of the Trade Expansion Act of 1962 (19 
 U.S.C. 1862).
 ``

    (3)
        (A) No covered article may receive the privilege of 
subparagraph
            (C) of subsection

    (a)

    (2) unless the 10-digit 
classification of the article under the Harmonized Tariff Schedule of 
the United States is provided to U.S. Customs and Border Protection, 
pursuant to an authorized electronic data interchange system, as part 
of the entry filing in accordance with 

section 498 of this Act, in 
addition to any other information required by law.
 ``
        (B) In this paragraph, the term `covered article' means an 
article the origin of which is a country with any goods subject to 
duties or other import restrictions under 

section 301 of the Trade Act 
of 1974 (19 U.S.C. 2411).
 ``
            (c) Any person who enters, introduces, or attempts to introduce 
an article in violation of this section 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 subsection is in addition to 
any other penalty authorized by law.''.

    (b) Effective Date.--The amendments made by this section shall 
apply with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 30th day after the date of the enactment 
of this Act.
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