Sec. 201. Examination and testing of merchandise that infringes intellectual property rights
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/bill/118/s/3431/is/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 628A of the Tariff Act of 1930 ( 19 U.S.C. 1628a ) is amended— in the section heading, by striking and inserting Exchange of information related to trade enforcement ; Examination and testing of merchandise that infringes intellectual property rights in subsection (a)— in the matter preceding paragraph (1)— by striking suspects and inserting has a reasonable suspicion ; and by inserting after and testing the following: , may provide to the person ; in paragraph (1)— by striking shall provide to the person ; and by striking ; and and inserting a semicolon; in paragraph (2)— by striking may and all that follows through the person and inserting subject to any applicable bonding requirements, ; and by striking the period at the end and inserting ; and ; and by adding at the end the following: subject to subsection (e), nonpublic information that has been provided to, or shared with, U.S.
Customs and Border Protection about the merchandise generated by an online marketplace or other similar market platform, an express consignment operator, a freight forwarder, or any other entity that plays a role in the sale or importation, or facilitation of the sale or importation, of merchandise into the United States. ; and by adding at the end the following: If U.S. Customs and Border Protection provides under subsection (a)(3) nonpublic information to a person described in subsection (b), U.S.
Customs and Border Protection shall provide to that person notification of the information so provided, in accordance with such regulations as the Secretary may prescribe. . The Tariff Act of 1930 ( 19 U.S.C. 1304 et seq. ) is amended by inserting after section 628A the following: Subject to subsection (d), and pursuant to regulations prescribed by the Secretary of the Treasury, the Commissioner of U.S. Customs and Border Protection may provide information about a shipment to a person described in subsection
(b)if the Commissioner determines that— the shipment is being imported into the United States in violation of section 526(e) of this Act or section 602, 1201(a)(2), or 1201(b)(1) of title 17, United States Code; or subject to subsection (d), sharing of information with respect to the shipment with a person described in subsection
(b)would promote 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 )). A person described in this subsection, with respect to a shipment described in subsection (a), is— a person described in section 628A(b); an online marketplace or other similar market platform that facilitates the importation of merchandise into the United States or the sale of imported merchandise in the United States; an express consignment operator; a freight forwarder; or any other entity that plays a role in the sale or importation, or facilitation of the sale or importation, of merchandise into the United States. If U.S. Customs and Border Protection provides under subsection (a)(2) information to a person described in subsection (b), U.S. Customs and Border Protection shall provide to that person notification of the information so provided, in accordance with such regulations as the Secretary may prescribe. The Commissioner may not provide information under subsection
(a)to a person described in subsection
(b)if providing that information would compromise an ongoing law enforcement investigation or national security. .
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Sec. 201
Examination and testing of merchandise that infringes intellectual property rights
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