Sec. 103003. Additional administrative provisions relating to de minimis treatment under the Tariff Act of 1930
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Section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ), as amended by section 103002, is further amended by adding at the end the following: For any articles that may qualify for an administrative exemption pursuant to subsection (a)(2), the Secretary of the Treasury is authorized to prescribe regulations to authorize or require the submission, transmission, or otherwise making available of such documentation or information to U.S. Customs and Border Protection as the Secretary determines is reasonably necessary for U.S. Customs and Border Protection to determine the eligibility of such articles to qualify for such exemption. The regulations prescribed pursuant to paragraph
(1)may provide that such documentation or information include documentation or information regarding the offer for sale or purchase, or the subsequent sale, purchase, transportation, importation or warehousing of such articles, including such documentation or information relating to the offering of such articles for sale or purchase in the United States through a commercial or marketing platform, including an electronic commercial or marketing platform. The regulations prescribed pursuant to paragraph
(1)shall provide that— such documentation or information is true and correct to the best of the knowledge and belief of the party submitting, transmitting, or otherwise making available such documentation or information, subject to any penalties authorized by law; or if such party is not able to reasonably verify whether such documentation or information is true and correct to the best of the knowledge and belief of the party, such documentation or information may be submitted, transmitted, or otherwise made available on the basis of what the party reasonably believes to be true and correct. Such documentation or information may be used by U.S. Customs and Border Protection for any lawful purpose. Any person who violates the regulations prescribed pursuant to paragraph
(1)is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation. A penalty imposed under this paragraph is in addition to any other penalty provided by law. The Secretary of the Treasury is authorized to prescribe regulations to authorize exceptions to any administrative exemption pursuant to subsection
(a)for any articles the importation of which is caused or otherwise facilitated by any person suspended or debarred from doing business with the Federal government at the time of the importation. . Section 499(c) of the Tariff Act of 1930 ( 19 U.S.C. 1499(c) ) is amended— by striking the Customs Service each place it appears and inserting U.S. Customs and Border Protection ; and in paragraph (2)— in the first sentence, by striking The Customs Service and inserting the following: U.S. Customs and Border Protection ; in the second sentence— by striking The and inserting the following: The ; and by redesignating the subsequent subparagraphs (A), (B), (C), (D), and
(E)as clauses (i), (ii), (iii), (iv), and (v), respectively, and moving the margins of such clauses, as redesignated, 2 ems to the right; and by adding at the end the following: In the case of detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C), U.S. Customs and Border Protection shall issue such notice to each party that U.S. Customs and Border Protections determines may have an interest in the detained merchandise, based on information reasonably available to U.S. Customs and Border Protection, in such form and manner as the Secretary of the Treasury shall by regulation prescribe. In the case of detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C), such notice shall also advise each such interested party that, in lieu of supplying information to U.S. Customs and Border Protection in accordance with subparagraph (B)(v), the interested parties may voluntarily abandon the detained merchandise. If U.S. Customs and Border Protection does not receive a response from each interested party in detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C) within 15 days of the date on which such notice is issued to the interested parties, the merchandise shall be deemed to be abandoned and title to such merchandise shall be vested in the United States and disposed of in accordance with law. .
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Sec. 103003
Additional administrative provisions relating to de minimis treatment under the Tariff Act of 1930
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