Sec. 117. Requirements applicable to non-resident importers
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Part III of title IV of the Tariff Act of 1930 ( 19 U.S.C. 1481 et seq. ) is amended by inserting after section 484b the following new section: Except as provided in subsection (c), if an importer of record under section 484 is not a resident of the United States, the Commissioner of U.S. Customs and Border Protection shall require the non-resident importer to designate a resident agent in the United States subject to the requirements described in subsection (b). The requirements described in this subsection are the following:
The resident agent shall be authorized to accept service of process against the non-resident importer in connection with the importation of merchandise. The Commissioner of U.S. Customs and Border Protection shall require the non-resident importer to establish a power of attorney with the resident agent in connection with the importation of merchandise. The requirements of this section shall not apply with respect to a non-resident importer who is a validated Tier 2 or Tier 3 participant in the Customs-Trade Partnership Against Terrorism program established under subtitle B of title II of the SAFE Port Act ( 6 U.S.C. 961 et seq. ).
It shall be unlawful for any person to import into the United States any merchandise 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 and trade laws 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 merchandise. In this subsection, the term customs and trade laws of the United States has the meaning given such term in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015. . Section 484c of the Tariff Act of 1930, as added by subsection (a), takes effect on the date of the enactment of this Act and applies with respect to the importation, on or after the date that is 180 days after such date of enactment, of merchandise of an importer of record under section 484 of the Tariff Act of 1930 who is not a resident of the United States.
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