Sec. 12. Report on use of administrative exemptions and enforcement actions
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Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury, in consultation with the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report, followed by a briefing, on the use of administrative exemptions under section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ). Each report required by subsection
(a)shall include, for the year preceding submission of the report, the following: An assessment of the volume of imports claiming an administrative exemption under section 321(a)(2)(C) of the Tariff Act of 1930 ( 19 U.S.C. 1321(a)(2)(C) ), including— the total number of shipments of imports claiming such an exemption; and the volume of merchandise claiming such an exemption, identified by— the 4-digit heading of the Harmonized Tariff Schedule of the United States under which the merchandise was classified; and the country of origin of the merchandise. An assessment of the total revenue forgone by the United States Government as a result of permitting the entry of merchandise free of duty pursuant to that section. The number and a description of the type of violations of the regulations prescribed under subsection
(c)of section 321 of the Tariff Act of 1930, as added by section 4, identified in shipments claiming an administrative exemption under that section, and penalties applied to such shipments, including a description of the type and frequency of mitigation actions applicable to such shipments. A detailed description of shipments, disaggregated by port of entry, for which an administrative exemption under section 321(a)(2)(C) of the Tariff Act of 1930 ( 19 U.S.C. 1321(a)(2)(C) ) was claimed that were subject to detention or forfeiture and the reasons for the detention or forfeiture. A description of any merchandise or shipments under evaluation as ineligible, under subsection (b)(1)(B) of section 321 of the Tariff Act of 1930, as amended by section 5, for such an administrative exemption. The average number of referrals of criminal matters to the Department of Justice or Homeland Security Investigations made on a monthly basis for merchandise for which such an administrative exemption was claimed. A description of the use of administrative exemptions under section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ) for merchandise shipped from Mexico or Canada to the United States, including the volume and type of such merchandise for which such an exemption was claimed, and any trends in the use of such exemptions. A description of current staffing, risk mitigation, and other actions to ensure that administrative exemptions under section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ) are used in compliance with United States law.
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Sec. 12
Report on use of administrative exemptions and enforcement actions
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