Sec. 203. Establishment of textile and apparel new importer program
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Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a new importer program that directs U.S. Customs and Border Protection to adjust bond amounts for new importers of textile and apparel articles based on the level of risk with respect to protection of the revenue of the Federal Government presented by each new importer. The Commissioner shall ensure that, as part of the new importer program established under subsection (a), U.S.
Customs and Border Protection— develops risk assessment guidelines for new importers of textile and apparel articles; adjusts bond amounts for new importers in accordance with the risk assessment guidelines developed under paragraph (1); maintains a centralized database of new importers; and ensures accuracy of required information provided to U.S. Customs and Border Protection by new importers. Section 623(b) of the Tariff Act of 1930 ( 19 U.S.C. 1623(b) ) is amended by adding at the end the following new paragraph:
In the case of importation of textile or apparel articles, by regulation or specific instruction require, or authorize U.S. Customs and Border Protection officers to require, the amount of the bond to include amounts equal to any duties, fees, or penalties estimated to be payable on such articles. For purposes of this paragraph, amounts equal to any penalties estimated to be payable on such articles shall be based on a risk assessment of the new importer carried out in accordance with section 203 of the Textile Security and Enforcement Act of 2013.
Any person who violates a requirement imposed pursuant to this paragraph shall be liable for a civil penalty of $50,000 for each such violation. . In addition to the penalties specified in paragraph
(5)of section 623(b) of the Tariff Act of 1930 ( 19 U.S.C. 1623(b) ), as added by subsection
(c)of this section, for a violation of such paragraph, any person who violates any other customs or trade law of the United States with respect to the importation of textile or apparel articles shall be subject to any applicable civil or criminal penalty, including seizure and forfeiture that may be imposed under such customs or trade law, including section 592 of the Tariff Act of 1930 (19 U.S.C. 1592).
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