Sec. 4. Enhanced transparency for shipments
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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: Not later than 180 days after the date of the enactment of this subsection, the Secretary of the Treasury, in consultation with the Postmaster General, shall prescribe regulations to require the provision to U.S. Customs and Border Protection, separate from any entry filing, of such documentation or information with respect to an article that may qualify for an administrative exemption under subsection (a)(2)(C) as the Secretary determines is reasonably necessary for U.S.
Customs and Border Protection to determine the admissibility of the article and the eligibility of the article for the exemption when in a postal or other shipment. Pursuant to paragraph (1), the Secretary may require, with respect to an article that may qualify for an administrative exemption under subsection (a)(2)(C), documentation or information regarding— the offer for sale or purchase, or the 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, if applicable; the identity of the seller, the shipper, the carrier, the final delivery party, or the purchaser of the article, as applicable; the fair retail value in the country of shipment; and other information determined to be necessary to protect the revenue and prevent unlawful importations.
Notwithstanding any other provision of law, the Secretary, in consultation with the Postmaster General, shall require, with respect to an article claimed as qualifying for an administrative exemption under subsection (a)(2)(C), the submission of the following information as part of the entry filing: The identification of the 10-digit statistical reporting number of the Harmonized Tariff Schedule of the United States under which the article is classifiable. A description of the article with sufficient specificity to allow U.S.
Customs and Border Protection to evaluate the correctness of the statistical reporting number for the article identified under subparagraph (A). The country of origin of the article. The documentation or information required pursuant to paragraph
(1)with respect to an article that may qualify for an administrative exemption under subsection (a)(2)(C) may be provided by a party or parties other than one of the parties qualifying to make entry, as specified by the Secretary by regulations prescribed under section 498. A person providing documentation or information to U.S. Customs and Border Protection pursuant to paragraph
(1)shall ensure that the documentation or information is true and correct to the best of the person’s knowledge and belief, subject to any penalties authorized by law. U.S. Customs and Border Protection may use documentation or information provided pursuant to paragraph
(1)for any lawful purpose necessary to fulfill the mission of U.S. Customs and Border Protection. Any person that violates the regulations prescribed under this subsection is liable for a civil penalty in an amount not to exceed— $1,000 for the first violation; and $5,000 for each subsequent violation. A penalty imposed under this subparagraph shall be in addition to any other penalty provided by law. Except as provided by subclause (II), a penalty imposed under this subparagraph may be remitted or mitigated on a per package or shipment basis, as appropriate, under section 618. If a penalty is being considered with respect to a fourth or subsequent violation described in clause
(i)by the same person, the maximum penalty under clause (i)(II) shall be imposed with respect to the violation. A person commits fraud if the person provides a false statement to U.S. Customs and Border Protection with respect to an article and U.S. Customs and Border Protection— permits the entry of that article at less than the proper rate of duty; or improperly treats that article as qualifying for an administrative exemption under subsection (a)(2)(C). A person that engages in conduct described in clause
(i)is liable for a civil penalty in an amount not to exceed— $5,000 for the first instance of such conduct; and $10,000 for each subsequent instance of such conduct. A penalty imposed under this subparagraph shall be in addition to any other penalty provided by section 592 or any other provision of law. Except as provided by subclause (II), a penalty imposed under this subparagraph may be remitted or mitigated on a per package or shipment basis, as appropriate, under section 618. If a penalty is being considered with respect to a fourth or subsequent violation described in clause
(i)by the same person, the maximum penalty under clause (ii)(II) shall be imposed with respect to the violation. 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, transmission, or otherwise making available of the documentation or information to U.S. Customs and Border Protection. .
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Sec. 4
Enhanced transparency for shipments
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