Sec. 103. Expansion of authority of U.S. Customs and Border Protection to obtain information relating to importation and trade enforcement
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Section 509(a) of the Tariff Act of 1930 ( 19 U.S.C. 1509(a) ) is amended— in the matter preceding paragraph (1), by striking insuring and all that follows through charge) and inserting the following: ensuring compliance with 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 )) administered by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, the Secretary (but no delegate of the Secretary below the rank of port director, director of a Center of Excellence and Expertise, field director of regulatory audit, or special agent in charge) in paragraph (1)— in the matter preceding subparagraph (A), by striking except that and inserting and ; in subparagraph (A), by striking by law and all that follows through Customs Service within and inserting the following: to be kept under section 508, the record shall be provided to the agency demanding the record within ; and in subparagraph (B), by striking the demand and all that follows and inserting the following:
“the demand— the person may be subject to penalty under subsection (g); and if U.S. Customs and Border Protection determines that the person has failed to make reasonable efforts to comply with the demand, U.S. Customs and Border Protection may use, in selecting from among the facts otherwise available, an inference that is adverse to the interests of the person in— ascertaining the correctness of any entry; and determining the liability of any person for— fines and penalties; and duty, fees, and taxes that may be due to the United States. ; and in paragraph (2)— in subparagraph (A)— by redesignating clauses (ii), (iii), and
(iv)as clauses (iii), (iv), and (v), respectively, and by moving such clauses, as so redesignated, 2 ems to the left; by striking
(A)the person who— and all that follows through Act), and inserting the following: a person that imported, or knowingly caused to be imported, merchandise into the customs territory of the United States, or participated in, facilitated, or was otherwise knowingly connected or related to the importation of merchandise; a vehicle producer whose good is subject to a claim of preferential tariff treatment under the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4502 )), ; in clause (iii), as redesignated by clause (i), by inserting a person that before exported merchandise ; in clause (iv), as so redesignated— by inserting a person that before transported ; and by striking storage, or and inserting storage, ; in clause (v), as so redesignated— by inserting a person that before filed ; and by striking the Customs Service; and inserting the following: U.S. Customs and Border Protection, or submitted, transmitted, or otherwise made available or visible to U.S. Customs and Border Protection documentation or information under the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 ( ; and 19 U.S.C. 4301 )) administered by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or by adding at the end the following: an owner or operator of a commercial or marketing platform or marketplace through which merchandise that is imported into the United States is offered for sale or purchase within the United States; ; and in the flush text following subparagraph (D), by striking records, as defined in subsection (d)(1)(A) and inserting records, which may include records defined in subsection (d)(1)(A) . Section 509(d)(1)(A) of the Tariff Act of 1930 ( 19 U.S.C. 1509(d)(1)(A) ) is amended— in clause (i), by striking ; or and inserting a semicolon; in clause (ii), by striking the period at the end and inserting ; or ; and by adding at the end the following: that pertain to nonpayment of all or a portion of any lawful duties, taxes, or fees that may be due to the United States. . Section 509(e) of the Tariff Act of 1930 ( 19 U.S.C. 1509(e) ) is amended to read as follows: The Commissioner of U.S. Customs and Border Protection shall prescribe regulations identifying the records and information required to be maintained and produced under subsection (a)(1)(A). . Section 509 of the Tariff Act of 1930, as amended by this section, is further amended by striking the Customs Service each place it appears and inserting U.S. Customs and Border Protection .
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Sec. 103
Expansion of authority of U.S. Customs and Border Protection to obtain information relating to importation and trade enforcement
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