I
119THCONGRESS
1
STSESSION H. R. 322
To amend the Tariff Act of 1930 relating to de minimis treatment under
that Act.
IN THE HOUSE OF REPRESENTATIVES
JANUARY9, 2025
Mr. S
UOZZI(for himself and Mr. DUNNof Florida) introduced the following
bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Tariff Act of 1930 relating to de minimis
treatment under that Act.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Import Security and 4
Fairness Act’’. 5
SEC. 2. ADDITIONAL EXCEPTIONS TO EXEMPTIONS FOR DE 6
MINIMIS TREATMENT UNDER THE TARIFF 7
ACT OF 1930. 8
Section 321 of the Tariff Act of 1930 (19 U.S.C. 9
1321) is amended— 10
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(1) in subsection (a)— 1
(A) in the matter preceding paragraph (1), 2
by striking ‘‘(a) The Secretary’’ and inserting 3
‘‘(a) I
NGENERAL.—The Secretary’’; 4
(B) in paragraph (2)— 5
(i) in subparagraph (C), by striking 6
‘‘$800’’ and inserting ‘‘except as provided 7
in subsection (b)(1), $800’’; and 8
(ii) in the matter following subpara-9
graph (C), as so amended, by striking 10
‘‘subdivision (2)’’ each place it appears and 11
inserting ‘‘paragraph’’; and 12
(2) by striking ‘‘(b) The Secretary’’ and insert-13
ing the following: 14
‘‘(b) E
XCEPTIONS.— 15
‘‘(1) I
N GENERAL.—An article may not be ad-16
mitted free of duty or tax under the authority pro-17
vided by subsection (a)(2)(C) if the country of origin 18
of such article, or the country from which such arti-19
cle is shipped, is— 20
‘‘(A) a nonmarket economy country (as 21
such term is defined in section 771(18)); and 22
‘‘(B) a country included in the priority 23
watch list (as such term is defined in section 24
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182(g)(3) of the Trade Act of 1974 (19 U.S.C. 1
2242(g)(3))). 2
‘‘(2) O
THER EXCEPTIONS.—The Secretary’’. 3
SEC. 3. ADDITIONAL ADMINISTRATIVE PROVISIONS RELAT-4
ING TO DE MINIMIS TREATMENT UNDER THE 5
TARIFF ACT OF 1930. 6
(a) A
DMINISTRATIVEEXEMPTIONS.—Section 321 of 7
the Tariff Act of 1930 (19 U.S.C. 1321), as amended by 8
section 2, is further amended by adding at the end the 9
following: 10
‘‘(c) S
UBMISSION OFDOCUMENTATION AND INFOR-11
MATION.— 12
‘‘(1) I
N GENERAL.—For any articles that may 13
qualify for an administrative exemption pursuant to 14
subsection (a)(2), the Secretary of the Treasury 15
shall, not later than 180 days after the date of the 16
enactment of the Import Security and Fairness Act, 17
prescribe regulations to require the submission, 18
transmission, or otherwise making available of such 19
documentation or information to U.S. Customs and 20
Border Protection as the Secretary determines is 21
reasonably necessary for U.S. Customs and Border 22
Protection to determine the eligibility of such arti-23
cles to qualify for such exemption. 24
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‘‘(2) MATTERS TO BE INCLUDED .—The regula-1
tions prescribed under paragraph (1)— 2
‘‘(A) shall require that documentation or 3
information with respect to an article described 4
in that paragraph include, at a minimum— 5
‘‘(i) a description of the article; 6
‘‘(ii) the appropriate classification of 7
the article under the Harmonized Tariff 8
Schedule of the United States; 9
‘‘(iii) the country of origin of the arti-10
cle; 11
‘‘(iv) the country from which the arti-12
cle is shipped; 13
‘‘(v) the identity of the shipper; 14
‘‘(vi) the identity of the importer; and 15
‘‘(vii) the transaction value of the ar-16
ticle in the United States; and 17
‘‘(B) may provide that such documentation 18
or information include other documentation or 19
information regarding the offer for sale or pur-20
chase, or the subsequent sale, purchase, trans-21
portation, importation or warehousing of an ar-22
ticle described in paragraph (1), including such 23
documentation or information relating to the of-24
fering of the article for sale or purchase in the 25
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United States through a commercial or mar-1
keting platform, including an electronic com-2
mercial or marketing platform. 3
‘‘(3) V
ERACITY OF DOCUMENTATION AND IN -4
FORMATION.— 5
‘‘(A) I
N GENERAL.—The regulations pre-6
scribed pursuant to paragraph (1) shall provide 7
that— 8
‘‘(i) the documentation or information 9
described in that paragraph is true and 10
correct to the best of the knowledge and 11
belief of the party submitting, transmit-12
ting, or otherwise making available such 13
documentation or information, subject to 14
any penalties authorized by law; or 15
‘‘(ii) if such party is not able to rea-16
sonably verify whether such documentation 17
or information is true and correct to the 18
best of the knowledge and belief of the 19
party, such documentation or information 20
may be submitted, transmitted, or other-21
wise made available on the basis of what 22
the party reasonably believes to be true 23
and correct. 24
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‘‘(B) USE FOR ANY LAWFUL PURPOSE .— 1
Such documentation or information may be 2
used by U.S. Customs and Border Protection 3
for any lawful purpose. 4
‘‘(4) C
IVIL PENALTIES.—Any person who vio-5
lates the regulations prescribed pursuant to para-6
graph (1) is liable for a civil penalty of $5,000 for 7
the first violation, and $10,000 for each subsequent 8
violation. A penalty imposed under this paragraph is 9
in addition to any other penalty provided by law. 10
‘‘(d) I
MPORTATIONS INVOLVINGSUSPENDED OR 11
D
EBARREDPERSONS.—The Secretary of the Treasury is 12
authorized to prescribe regulations to authorize exceptions 13
to any administrative exemption pursuant to subsection 14
(a) for any articles the importation of which is caused or 15
otherwise facilitated by any person suspended or debarred 16
from doing business with the Federal Government at the 17
time of the importation.’’. 18
(b) E
XAMINATION OF MERCHANDISE.—Section 19
499(c) of the Tariff Act of 1930 (19 U.S.C. 1499(c)) is 20
amended— 21
(1) by striking ‘‘the Customs Service’’ each 22
place it appears and inserting ‘‘U.S. Customs and 23
Border Protection’’; and 24
(2) in paragraph (2)— 25
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(A) in the first sentence, by striking ‘‘The 1
Customs Service’’ and inserting the following: 2
‘‘(A) I
N GENERAL.—U.S. Customs and 3
Border Protection’’; 4
(B) in the second sentence— 5
(i) by striking ‘‘The’’ and inserting 6
the following: 7
‘‘(B) I
NFORMATION TO BE INCLUDED .— 8
The’’; and 9
(ii) by redesignating the subsequent 10
subparagraphs (A), (B), (C), (D), and (E) 11
as clauses (i), (ii), (iii), (iv), and (v), re-12
spectively, and moving such clauses, as re-13
designated, 2 ems to the right; and 14
(C) by adding at the end the following: 15
‘‘(C) A
DDITIONAL REQUIREMENTS RELAT -16
ING TO MERCHANDISE THAT MAY QUALIFY FOR 17
CERTAIN ADMINISTRATIVE EXEMPTIONS .— 18
‘‘(i) I
N GENERAL.—In a case in which 19
U.S. Customs and Border Protection has 20
made a decision to detain merchandise that 21
may qualify for an administrative exemp-22
tion pursuant to section 321(a)(2)(C), U.S. 23
Customs and Border Protection shall issue 24
such notice to each party that U.S. Cus-25
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toms and Border Protections determines 1
may have an interest in the detained mer-2
chandise, based on information reasonably 3
available to U.S. Customs and Border Pro-4
tection, in such form and manner as the 5
Secretary of the Treasury shall by regula-6
tion prescribe. 7
‘‘(ii) V
OLUNTARY ABANDONMENT OF 8
MERCHANDISE.—In the case of merchan-9
dise described in clause (i), such notice 10
shall also advise each such interested party 11
that, in lieu of supplying information to 12
U.S. Customs and Border Protection in ac-13
cordance with subparagraph (B)(v), the in-14
terested parties may voluntarily abandon 15
the merchandise. 16
‘‘(iii) A
BANDONMENT OR EXPORT DUE 17
TO LACK OF RESPONSE .—If U.S. Customs 18
and Border Protection does not receive a 19
response from each interested party in 20
merchandise described in clause (i) within 21
30 days of the date on which such notice 22
is issued to the interested parties, the mer-23
chandise may— 24
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‘‘(I) be denied entry and be per-1
mitted to be exported, with the im-2
porter responsible for paying all ex-3
penses of exportation; or 4
‘‘(II) be deemed to be abandoned, 5
in which case title to such merchan-6
dise shall be vested in the United 7
States and the merchandise shall be 8
disposed of in accordance with law.’’. 9
SEC. 4. EFFECTIVE DATE. 10
The amendments made by this Act shall apply with 11
respect to articles entered, or withdrawn from warehouse 12
for consumption, on or after the 180th day after the date 13
of the enactment of this Act. 14
Æ
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