Sec. 102204. Asset requirements applicable to nonresident 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: In this section: The terms importer and nonresident importer have the meanings given those terms in section 641(i). The term resident importer means any importer other than a nonresident importer. Except as provided in subsection (c), the Commissioner of U.S. Customs and Border Protection shall— require a nonresident importer that imports merchandise into the United States to maintain assets in the United States sufficient to pay all duties that may potentially be applied to the merchandise; and require a bond with respect to the merchandise in an amount sufficient to ensure full liability on the part of a nonresident importer and the surety of the importer based on the amount of assets the Commissioner determines to be sufficient under subsection (c).
For purposes of subsection (b)(1), the Commissioner shall calculate the amount of assets sufficient to pay all duties that may potentially be applied to merchandise imported by a nonresident importer, calculated using the declared customs value of the merchandise, of all duties, fees, interest, taxes, or other charges, and all deposits for duties, fees, interest, taxes, or other charges, that would apply with respect to the merchandise if the merchandise were subject to the highest rate of all duties applicable to such imported merchandise.
For purposes of subsection (b)(1), a nonresident importer of merchandise meets the requirement to maintain assets in the United States if the importer has clear title, at all times between the entry of the merchandise and the liquidation of the entry and payment in full of all corresponding bills issued as a result of the liquidation, to assets described in paragraph
(2)with a value equal to the amount determined under subsection (c). An asset described in this paragraph is— an asset held by a United States financial institution; an interest in an entity organized under the laws of the United States or any jurisdiction within the United States; or an interest in real or personal property located in the United States or any territory or possession of the United States. The requirements of this section shall not apply with respect to a nonresident importer— that 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 Security and Accountability For Every Port Act of 2006 ( 6 U.S.C. 961 et seq. ); or if the Commissioner is satisfied, based on certified information supplied by the importer and any other relevant evidence, that the Commissioner has the same or equivalent ability to collect all duties that may potentially be applied to merchandise imported by the importer as the Commissioner would have if the importer were a resident importer. The Commissioner shall prescribe procedures for assuring that nonresident importers maintain the assets required by subsection (b). The Commissioner shall ensure the procedures required by paragraph
(1)are prescribed and in effect not later than 90 days after the date of the enactment of this Act. 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— in the case of merchandise described in such paragraph with a domestic value that is equal to or greater than $50,000, be liable for a civil penalty of $50,000 for each such violation; or in the case of merchandise described in such paragraph with a domestic value that is less than $50,000, be liable for a civil penalty equal to 50 percent of the amount of such domestic value for each such violation. In addition to the penalties specified in paragraph (2), any violation of this section that violates any other provision of the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4301 )) shall be subject to any applicable civil or criminal penalty, including seizure and forfeiture, that may be imposed under that provision or title 18, United States Code. . The table of contents for the Tariff Act of 1930, as amended by sections 102003(b) and 102202(b), is further amended by inserting after the item relating to section 484b the following: Sec.484c. Asset requirements applicable to nonresident importers. . 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 merchandise entered, or withdrawn from warehouse for consumption, on or after the date that is 180 days after such date of enactment.
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Sec. 102204
Asset requirements applicable to nonresident importers
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