Sec. 401. Collection and use of data relating to eligibility for administrative exemption to duties
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Section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ) is amended by adding at the end the following: The Secretary may prescribe regulations for the provision to U.S. Customs and Border Protection, separate from any entry filing, of such documentation or information as the Secretary determines to be reasonably necessary for U.S. Customs and Border Protection to determine the eligibility of an article for an administrative exemption under subsection (a)(2). Documentation or information with respect to an article provided to U.S. Customs and Border Protection pursuant to regulations prescribed by the Secretary under paragraph
(1)may include documentation or information related to an offer for sale or purchase or subsequent sale, purchase, transportation, importation, or warehousing of the article, including documentation or information related to the offering of the article for sale or purchase within the United States through a commercial or marketing platform (including an electronic commerce platform or marketplace). The Secretary may provide, in the regulations prescribed under paragraph (1), for the provision of information or documentation with respect to an article by a party other than a party qualified to make entry of the article pursuant to regulations prescribed under section 498. A party providing documentation or information under paragraph
(1)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 paragraph (1), permit a party to provide to U.S. Customs and Border Protection documentation or information under paragraph
(1)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. Documentation or information with respect to an article provided to U.S. Customs and Border Protection pursuant to regulations prescribed by the Secretary under paragraph
(1)may be used by U.S. Customs and Border Protection for any lawful purpose. Any person who violates the regulations prescribed under paragraph
(1)with respect to an article is liable for a civil penalty in an amount not to exceed the amount that is 3 times the amount of the duty applicable to the article. A penalty imposed under this subsection shall be assessed per person, per article, per entry, and per day. A penalty imposed under this subsection may be in addition to any other penalty provided by law. A penalty imposed under this subsection may be remitted or mitigated, as appropriate, under section 618. In this subsection, 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; 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 498 of the Tariff Act of 1930 ( 19 U.S.C. 1498 )— in subsection (a), by striking paragraph
(12)and inserting the following: Subject to subsection (c), articles eligible for an administrative exemption under section 321(a)(2)(C). ; and by adding at the end the following: In prescribing rules and regulations under subsection (a)(12) with respect to articles eligible for an administrative exemption under section 321(a)(2)(C), the Secretary shall require that, when such an article is entered, the required documentation or information be filed or electronically transmitted by— one of the parties qualifying to make entry, as specified by the Secretary by regulation; or a customs broker (as defined in section 641(a)) designated by a party described in subparagraph (A). .
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Sec. 401
Collection and use of data relating to eligibility for administrative exemption to duties
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