Sec. 302. Modification of treatment of de minimis entries of articles

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Section 321 of Tariff Act of 1930 ( 19 U.S.C. 1321 ) is amended— by amending subsection (a)(2)(C) to read as follows: in any other case, such amount as the Secretary establishes under subsection (c)(1). ; and by adding at the end the following: Not later than 180 days after the date of the enactment of the Americas Act , the Secretary of the Treasury shall prescribe regulations to establish dollar amount thresholds, which may not exceed $800, for de minimis entries for purposes of subsection (a)(2)(C). The Secretary shall establish a threshold under clause

(i)for each country that is equal to the sum of— the dollar amount threshold of that country for de minimis entries from the United States; and any related thresholds of that country, such as a threshold relating to a value-added tax on imports. Not later than 180 days after the date of the enactment of the Americas Act , and annually thereafter, the Secretary shall— publish the threshold established under clause

(i)in the Federal Register; and notify the governments of foreign countries of the threshold. The Secretary of the Treasury shall transfer to the Re-shoring and Near-shoring Account established under section 301 of the Americas Act from the general fund of the Treasury, for fiscal year 2024 and each fiscal year thereafter, an amount equivalent to the amount received into the general fund during that fiscal year that the Secretary determines is attributable to revenue received as a result of the dollar amount thresholds established under subparagraph (A). The Secretary shall transfer amounts required by clause

(i)to be transferred to the Re-shoring and Near-shoring Account not less frequently than quarterly. Not later than one year after the date of the enactment of the Americas Act , and annually thereafter, the Secretary of the Treasury shall publish a list of countries the articles of which are not eligible for entry under subsection (a)(2)(C). Not later than 180 days after the date of the enactment of the Americas Act , the Secretary shall establish, and submit to Congress a report on, the conditions for including a country on the list required by subparagraph (A). In establishing under clause

(i)conditions for including a country on the list required by subparagraph (A), the Secretary shall consider the following: Violations by the country of the Act entitled An Act to ensure that goods made with forced labor in the Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes , approved December 23, 2021 ( Public Law 117–78 ; 135 Stat. 1525) (commonly referred to as the Uyghur Forced Labor Prevention Act ). Transshipment through the country of goods from countries on the list. The exportation from the country of counterfeit goods. Whether the government of the country is committed to the fight against trafficking in persons, illegal narcotics, and terrorism, as demonstrated by— the government of the country not being listed under subparagraph

(C)of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) ) (commonly referred to as tier 3 ) in the most recent report on trafficking in persons required under such section (commonly referred to as the Trafficking in Persons Report ); and certification by the Department of State that the government is participating in the fight against illegal narcotics and terrorism. Harm to industry in the United States. Public safety risks posed by imports from the country to United States consumers. The flow of narcotics from the country into the United States. Such other issues as the Secretary considers appropriate. The following countries shall be included on the list required by subparagraph (A), effective on the date of the enactment of the Americas Act : The People’s Republic of China. The Russian Federation. A country specified in clause

(i)may not be removed from the list required by subparagraph

(A)until the Secretary certifies to Congress that the government of the country has made progress with respect to the considerations described in subparagraph (B)(ii). The government of a country on the list required by subparagraph

(A)may petition the Secretary for removal from the list. The Secretary shall— respond to a petition submitted under clause

(i)not later than 90 days after receiving the petition; and include in that response a description of any measures the government that submitted the petition is required to undertake to be removed from the list. The Secretary shall consult with Congress before adding a country to or removing a country from the list required by subparagraph (A). An article is eligible for entry under subsection (a)(2)(C) only if the article is transported to the United States by a contract carrier or customs broker. A contract carrier or customs broker seeking to enter an article under subsection (a)(2)(C) shall provide the following data with respect to the article: The heading or subheading of the Harmonized Tariff Schedule of the United States under which the article is classifiable. The country of origin of the article. The country of manufacture of the article (if different from the country of origin under clause (ii)). The shipper of record. The importer of record. A description of the article. The fair market value in the United States of the article. A contract carrier or customs broker transporting articles entering under subsection (a)(2)(C) shall be responsible for collecting the duties and taxes owed with respect to such articles and remitting those duties and taxes to U.S. Customs and Border Protection. In this paragraph: The term contract carrier means a private entity that— is organized under the laws of the United States or any jurisdiction within the United States; and ships small packages into the United States by air or land. The term customs broker means a person holding a valid customs broker's license issued under section 641(b) of the Tariff Act of 1930 ( 19 U.S.C. 1641(b) ). In this subsection, the term de minimis entry means the entry of articles imported by one person on one day with a fair retail value that does not exceed— in the case of articles entering the United States, the applicable threshold established under paragraph (1)(A); and in the case of articles entering any other country, an amount determined by the government of that country to be de minimis. . Section 321(a)(2) of the Tariff Act of 1930 ( 19 U.S.C. 1321(a)(2) ), as amended by subsection (a), is further amended, in the matter preceding subparagraph (A)— by inserting or withdrawal from a foreign trade zone and subsequent entry for consumption after by reason of importation ; and by inserting , or in a foreign trade zone of articles withdrawn on one invoice or order for one ultimate consignee on one day, after one person on one day . Section 15(d) of the Foreign Trade Zones Act ( 19 U.S.C. 81o(d) ) is amended— by inserting

(1)after “(d) and by adding at the end the following: In this subsection, the term retail trade does not include any e-commerce transaction in which articles with a fair retail value of less than the applicable threshold established under section 321(c)(1)(A) of the Tariff Act of 1930 are withdrawn from a zone. For purposes of subparagraph (A), the term e-commerce means the buying or selling of articles over the internet or other electronic exchange network. . Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Secretary of Homeland Security with respect to trade facilitation and trade enforcement and the Secretary of Commerce with respect to matters relating to foreign trade zones, shall prescribe regulations to implement the amendments made by this subsection. In prescribing regulations under subparagraph (A), the Secretary shall— publish a notice of proposed rulemaking in the Federal Register; provide for a period for public review and comment of not less than 30 days; and issue final regulations not later than 90 days after the end of the period described in clause

(ii)and not less than 60 days before the effective date of such regulations. Nothing in this paragraph may be construed to affect the administration of section 484(i) of the Tariff Act of 1930 ( 19 U.S.C. 1484(i) ) or section 15(d) of the Foreign Trade Zones Act ( 19 U.S.C. 81o(d) ) other than to the extent necessary to make articles withdrawn from a foreign trade zone and entering for consumption eligible for the exemption from duties under section 321(a)(2)(C) of the Tariff Act of 1930 ( 19 U.S.C. 1321(a)(2)(C) ). The amendments made by this subsection shall apply with respect to articles withdrawn from a foreign trade zone and entered for consumption on or after the date that is 15 days after the date of the enactment of this Act. In this subsection: The term foreign trade zone means a zone activated pursuant to the Foreign Trade Zones Act on or before the date of the enactment of this Act. The term Foreign Trade Zones Act means the Act of June 18, 1934 (commonly known as the Foreign Trade Zones Act ) (48 Stat. 998, chapter 590; 19 U.S.C. 81a et seq. ).

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