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Code · BILL · 113th Congress · S. 1412 (Introduced in Senate) — To provide the Department of Homeland Security, U.S. Customs and Border Protection, and the Department of the Treasur... · Sec. 204

Sec. 204. Nonresident importer declaration program for textile or apparel articles

493 words·~2 min read·/bill/113/s/1412/is/section-204

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Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish and maintain a nonresident importer declaration program with respect to the importation of textile or apparel articles. The program shall require nonresident importers of textile or apparel articles to provide the information required under subsection
(b)and declare the information required under subsection (c), and require that such information accompany the entry summary documentation for such textile or apparel articles. The Commissioner shall require the following information to be submitted by any nonresident importer seeking to import textile or apparel articles: An identification of a resident agent in the State in which the port of entry is located who is authorized to accept service of process against the nonresident importer in connection with the importation of the textile or apparel articles. A certification that the resident agent described in paragraph
(1)has assets in the United States in sufficient amounts for the purpose of ensuring the payment of any additional loss of revenue not covered by any surety bond or for any civil penalties levied by the Federal Government in connection with the importation of the textile or apparel articles. A copy of the commercial invoice accompanying the shipment of the textile or apparel articles, including the name, address, and contact information for each person in the transaction, such as the trading house, the freight forwarder, and the ultimate purchaser of the goods. Pursuant to procedures prescribed by the Commissioner, any nonresident importer seeking to import textile or apparel articles shall declare the following: The nonresident importer has secured a bond in connection with the importation of the textile or apparel articles as required by paragraph
(5)of section 623(b) of the Tariff Act of 1930 ( 19 U.S.C. 1623(b) ) (as added by section 203(c) of this Act). The nonresident importer has established a power of attorney in connection with the importation of the textile or apparel articles. A resident agent under this section shall accept service of process on behalf of the nonresident importer of such agent for the purpose of duties, penalties, or other fines issued by the Secretary of Homeland Security or the Commissioner if the Secretary or the Commissioner is unable to collect duties, penalties, or other fines from such nonresident importer. It shall be unlawful for any person to import into the United States any textile or apparel article in violation of this section. Any person who violates paragraph
(1)shall be liable for a civil penalty of $50,000 for each such violation. In addition to the penalties specified in paragraph (2), any violation of this section that violates any other customs or trade law of the United States shall be subject to any applicable civil and criminal penalty, including seizure and forfeiture, that may be imposed under such customs or trade law or title 18, United States Code, with respect to the importation of textile or apparel articles.
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Sec. 204
Nonresident importer declaration program for textile or apparel articles
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