Sec. 5. Regulations on enhanced data collection with respect to de minimis entries
530 words·~2 min read·
/bill/118/s/4082/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 18 months after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Commissioner of U.S. Customs and Border Protection and pursuant to subsections
(b)and (c), shall prescribe regulations requiring enhanced data collection with respect to articles for which an administrative exemption from duties under section 321(a)(2)(C) of the Tariff Act of 1930 ( 19 U.S.C. 1321(a)(2)(C) ) is sought, including obtaining information with respect to the origin of materials used in the production of such articles, in order to ensure that the articles for which the exemption is sought are not articles described in paragraph
(2)or articles that are otherwise prohibited from entering the United States. An article is described in this paragraph if the article— is produced with forced labor (as defined in section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 )); bears a counterfeit mark (within the meaning of section 45 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 or the Lanham Act ) ( 15 U.S.C. 1127 )); or is a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) that is not imported in accordance with applicable law. In developing the regulations required by subsection (a), the Secretary shall— solicit comments from and consult with a broad range of parties that are likely to be affected by the regulations, including importers, exporters, carriers, customs brokers, and freight forwarders, among other interested parties; ensure the protection of the privacy of proprietary information (within the meaning of section 777(b) of the Tariff Act of 1930 ( 19 U.S.C. 1677f(b) )), except for information shared, through the International Trade Data System established pursuant to section 411(d) of the Tariff Act of 1930 ( 19 U.S.C. 1411(d) ), with Federal agencies participating in that system; to the extent practicable, avoid imposing requirements pursuant to those regulations that are redundant with each other or that are redundant with requirements under other provisions of law; and include regulations that request the Postmaster General to transmit to the Secretary the information described in subsection (a)(1), to the extent feasible and consistent with international law, with respect to the country of origin of materials used in the production of articles in international mail shipments for which an administrative exemption from duties under section 321(a)(2)(C) of the Tariff Act of 1930 ( 19 U.S.C. 1321(a)(2)(C) ) is sought. The Secretary, in consultation with the Commissioner, shall— publish a notice of proposed rulemaking in the Federal Register; and provide for a period of not less than 60 days for public comment on the proposed rulemaking. The Secretary shall impose a civil penalty on any person that violates the regulations prescribed under subsection
(a)of not more than— $2,000 for the first violation; and $5,000 for each subsequent violation. A penalty imposed under this subsection may be in addition to any other penalty authorized by law.
Connectionstraces to 6
Citation graph
cites case law
Sec. 5
Regulations on enhanced data collection with respect to de minimis entries
Cites 6Cited by 0 across 0 sources