Sec. 306. Modification of bonding requirements
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Section 623 of the Tariff Act of 1930 ( 19 U.S.C. 1623 ) is amended— in subsection (b)— in paragraph (1)— by striking of penalty thereof and inserting of the bond ; by striking paragraph 4 and inserting paragraph
(4); and by striking penalty of such bond and inserting amount of such bond ; and in paragraph (2), by inserting before the end period the following: , and make rules and regulations for the disclosure of information or records to, and the collection of information or records from, sureties approved under this paragraph, without regard to any other provision of statute or regulation, including section 1905 of title 18, United States Code, and section 552a of title 5, United States Code (commonly known as the ; Privacy Act of 1974 ) by adding at the end the following: If any amount due to the United States under a bond is not paid in full by the date the amount is due, the unpaid balance under the bond shall bear interest until the full balance under the bond is paid, in accordance with such regulations and at such rate as the Secretary of the Treasury may prescribe. Interest charged under this subsection shall be without regard to the limit of liability of the bond and shall not be charged against the bond. U.S. Customs and Border Protection shall give notice to a person from which a bond is required under this section of the conditions, form, manner of filing or transmission, amount, and reason for the amount of the bond in accordance with regulations prescribed by the Secretary of the Treasury. U.S. Customs and Border Protection may provide notice under paragraph
(1)by publishing the notice to the public instead of providing the notice directly to a person described in paragraph (1). A person from which a bond is required under this section may, not later than 30 days after the later of the date on which notice is provided under subsection
(g)or the date on which the bond is required, appeal the bond requirement in accordance with regulations prescribed by the Secretary of the Treasury. The Secretary shall provide notice to a person that filed an appeal under subparagraph (A)— of the decision with respect to the appeal in the form and manner prescribed by the Secretary; and if the appeal is denied, including a statement of the reasons for the denial. In the case of an appeal filed under paragraph
(1)that is denied in whole or in part, the person that filed the appeal may file a civil action in the Court of International Trade to contest the denial. The Court shall— review the action on the basis of the record before the official deciding the appeal at the time the appeal was decided; and set aside and remand a decision with respect to an appeal filed under paragraph
(1)that the Court finds to be an abuse of discretion. ; and by striking the Customs Service each place it appears and inserting U.S. Customs and Border Protection . Section 1581 of title 28, United States Code, is amended by adding at the end of the following: The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 623 of the Tariff Act of 1930 ( 19 U.S.C. 1623 ). . Section 2640 of title 28, United States Code, is amended— by redesignating subsection
(e)as subsection (f); and by inserting after subsection
(d)the following: In any civil action commenced in the Court of International Trade under section 623 of the Tariff Act of 1930 ( 19 U.S.C. 1623 ), the court shall review the matter as specified in subsection
(h)of such section. .
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Sec. 306
Modification of bonding requirements
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