Sec. 204. Disclosure of incorrect information; false certifications of origin; denial of preferential tariff treatment
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/bill/116/s/3052/is/section-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 592 of the Tariff Act of 1930 ( 19 U.S.C. 1592 ) is amended— in subsection (c), by striking paragraph
(5)and inserting the following: An importer shall not be subject to penalties under subsection
(a)for making an incorrect claim that a good qualifies as an originating good under section 202 of the United States-Mexico-Canada Agreement Implementation Act if the importer, in accordance with regulations prescribed by the Secretary of the Treasury, promptly makes a corrected declaration and pays any duties owing with respect to that good. ; and by striking subsection
(f)and inserting the following: Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a USMCA certification of origin (as such term is defined in section 508 of this Act) that a good exported from the United States qualifies as an originating good under the rules of origin provided for in section 202 of the United States-Mexico-Canada Agreement Implementation Act . The procedures and penalties of this section that apply to a violation of subsection
(a)also apply to a violation of this subsection. No penalty shall be imposed under this subsection if, promptly after an exporter or producer that issued a USMCA certification of origin has reason to believe that such certification contains or is based on incorrect information, the exporter or producer voluntarily provides written notice of such incorrect information to every person to whom the certification was issued. A person shall not be considered to have violated paragraph
(1)if— the information was correct at the time it was provided in a USMCA certification of origin but was later rendered incorrect due to a change in circumstances; and the person promptly and voluntarily provides written notice of the change in circumstances to all persons to whom the person provided the certification. . Section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) is amended— in subsection (b), by striking and article 1904 and all that follows through Free-Trade Agreement ; in subsection (c)— in paragraph (1), in the matter following subparagraph (D), by striking section 202 of the North American Free Trade Agreement Implementation Act and inserting section 202 of the ; and United States-Mexico-Canada Agreement Implementation Act in paragraph (2)(E)— by striking section 202 of the North American Free Trade Agreement Implementation Act and inserting section 202 of the ; and United States-Mexico-Canada Agreement Implementation Act by striking NAFTA Certificate of Origin and inserting USMCA certification of origin (as such term is defined in section 508 of this Act) ; in subsection (e), by striking section 202 of the North American Free Trade Agreement Implementation Act and inserting section 202 of the ; and United States-Mexico-Canada Agreement Implementation Act by striking subsection
(f)and inserting the following: If U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement of the Department of Homeland Security finds indications of a pattern of conduct by an importer, exporter, or producer of false or unsupported representations that goods qualify under the rules of origin provided for in section 202 of the United States-Mexico-Canada Agreement Implementation Act , U.S. Customs and Border Protection, in accordance with regulations prescribed by the Secretary of the Treasury, may suspend preferential tariff treatment under the USMCA (as defined in section 3 of that Act) to entries of identical goods covered by subsequent representations by that importer, exporter, or producer until U.S. Customs and Border Protection determines that representations of that person are in conformity with such section 202. . The amendments made by subsections
(a)and
(b)shall— take effect on the date on which the USMCA enters into force; and apply with respect to a good entered, or exported from the United States, as the case may be, on or after that date. In the case of a good entered, or exported from the United States, as the case may be, before the date on which the USMCA enters into force— the amendments made by subsection
(a)to section 592 of the Tariff Act of 1930 ( 19 U.S.C. 1592 ) and the amendments made by subsection
(b)to section 514 of such Act ( 19 U.S.C. 1514 ) shall not apply with respect to the good; and sections 592 and 514 of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the good. In this subsection, the term entered includes a withdrawal from warehouse for consumption.
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Sec. 204
Disclosure of incorrect information; false certifications of origin; denial of preferential tariff treatment
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