Sec. 101. Modification of requirements for filing of entry documentation
1,164 words·~5 min read·
/bill/118/s/3431/is/section-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 484(a) of the Tariff Act of 1930 ( 19 U.S.C. 1484(a) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A)— by inserting with respect to merchandise after paragraph (2)(B) ; and by inserting after reasonable care the following: make entry therefor by filing with U.S. Customs and Border Protection, pursuant to an authorized electronic data interchange system ; in subparagraph (A)— by striking make entry and all that follows through interchange system, such and inserting such documentation or ; and by striking the semicolon and inserting ; and ; and in subparagraph (B)— by striking complete the entry and all that follows through with the Customs Service ; and by striking , pursuant to an electronic data interchange system, such other ; in paragraph (2)— in subparagraph (A)— in the second sentence, by striking regulations shall provide and inserting regulations may provide ; and in the third sentence, by striking paragraph (1)(A) and inserting paragraph
(1); and in subparagraph (B), in the first sentence, by striking filed or electronically transmitted and inserting electronically filed ; and by adding at the end the following: The Secretary may, for such reasons as the Secretary deems necessary, exempt the filing of documentation or information required under this section from the requirement that the documentation or information be filed through an authorized electronic data interchange system, including by providing for temporary exemptions to that requirement. . Section 484(a)(2) of the Tariff Act of 1930, as amended by subsection (a)(2), is further amended by adding at the end the following: Upon request by a party that would qualify as an importer of record or an authorized agent of that party and under such regulations as the Secretary may prescribe, U.S. Customs and Border Protection may— permit the party or agent, or a party other than the party or agent, to provide to U.S. Customs and Border Protection documentation or information with respect to merchandise in advance of entry of the merchandise; and permit the importer of record to, using reasonable care, convert that documentation or information into a filing under subparagraph (B), subject to the certification requirement under subsection (d). Documentation or information with respect to merchandise provided to U.S. Customs and Border Protection pursuant to regulations prescribed by the Secretary under clause
(i)may be used by U.S. Customs and Border Protection for any lawful purpose. A party providing documentation or information under clause (i)(I) shall ensure that the documentation or information is true and correct to the best of the knowledge and belief of the party, subject to any penalties authorized by law. The Secretary shall, in the regulations prescribed under clause (i), permit a party to provide to U.S. Customs and Border Protection documentation or information under clause (i)(I) on the basis of the reasonable belief of the party that the documentation or information is true and correct if the party is not reasonably able to verify the documentation or information. Any person who violates the regulations prescribed under this subparagraph is liable for a civil penalty in an amount not to exceed— $5,000 for the first violation; and $10,000 for each subsequent violation. A penalty imposed under this clause shall be assessed per item on the bill of lading. A penalty imposed under this clause may be in addition to any other penalty provided by law. A penalty imposed under this clause may be remitted or mitigated, as appropriate, under section 618. Except with respect to merchandise the importation of which into the United States is prohibited or merchandise subject to a presumption of inadmissibility by operation of law, the Secretary, in promulgating such regulations as may be necessary to carry out the provisions of this subparagraph, shall give due consideration, where appropriate, with respect to the manner in which documentation or information that is provided to U.S. Customs and Border Protection prior to entry of the merchandise to which the documentation or information relates, and pursuant to such regulations, will support trade facilitation (as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4301 )), including whether such documentation or information would— facilitate the priority processing and expedited release of merchandise from customs custody; reduce redundancies in the trade data that parties in a supply chain are required to provide; and allow for the opportunity to resolve requests for additional information prior to departure or arrival of the merchandise. In this subparagraph, the terms provide , providing , and provision , with respect to documentation or information provided to U.S. Customs and Border Protection, include— the submission or transmission of the documentation or information; the provision of the documentation or information in a manner that is progressive over time, as long as such provision concludes prior to conversion into an entry filing under subparagraph (B), and may include documentation or information that is also provided to U.S. Customs and Border Protection pursuant to other requirements or authorities; and otherwise making available to U.S. Customs and Border Protection the documentation or information in accordance with such terms and conditions as the Secretary may by regulation prescribe. . Section 484(c) of the Tariff Act of 1930 is amended to read as follows: U.S. Customs and Border Protection may permit the entry and release of merchandise from customs custody in accordance with such regulations as the Secretary may prescribe. No employee of U.S. Customs and Border Protection shall be liable to any person with respect to the delivery of merchandise released from customs custody in accordance with regulations prescribed under paragraph (1). . Section 484(d) of the Tariff Act of 1930 is amended— in the subsection heading, by striking and inserting Signing ; Certification in paragraph (1)— by striking Entries shall be and all that follows through transmission of data and inserting Each filing under subsection (a)(2)(B) ; by striking his agent and inserting an agent of the importer of record ; by striking his knowledge and belief and inserting the knowledge and belief of the importer of record or agent ; and by striking The entry shall and inserting If exempt from electronic filing, the entry shall be signed by the importer of record or agent. The entry shall ; and in paragraph (2)— by striking imported merchandise bears and inserting the following: “imported merchandise— bears ; by striking the period at the end and inserting ; or ; and by adding at the end the following: infringes a copyright in violation of section 602 of title 17, United States Code. . Section 484 of the Tariff Act of 1930, as amended by this section, is further amended— in subsection (b)(1), in the third sentence, by striking subsection (a)(1)(B) and inserting subsection (a)(1) ; by striking the Bureau of Customs and Border Protection each place it appears and inserting U.S. Customs and Border Protection ; and by striking the Customs Service each place it appears and inserting U.S. Customs and Border Protection .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources