II 

116TH CONGRESS 

1ST SESSION S. 2208 

To require online retailers to prominently disclose product country-of-origin 

information, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2019 

Mr. SCOTT of Florida introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To require online retailers to prominently disclose product 

country-of-origin information, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Responsi5 bility In Markets and E-Retailers Act of 2019’’ or the 

6 ‘‘PRIME Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) COMMISSION.—The term ‘‘Commission’’ 

10 means the Federal Trade Commission. 


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1 (2) COUNTRY OF ORIGIN.—The term ‘‘country 

2 of origin’’ has the meaning given such term for pur3 poses of section 304 of the Tariff Act of 1939 (19 

4 U.S.C. 1304). 

5 (3) INTERNET APPLICATION.—The term ‘‘inter6 net application’’ means a computer program or soft7 ware application that is downloaded by a user to an 

8 internet-connected device. 

9 (4) ONLINE RETAIL PLATFORM.—The term 

10 ‘‘online retail platform’’ means any internet website 

11 or other online platform through which products are 

12 sold. 

13 SEC. 3. COUNTRY OF ORIGIN REQUIREMENTS FOR ONLINE 

14 RETAILERS AND SELLERS. 

15 (a) IN GENERAL.—Beginning on the date that is 180 

16 days after the date of the promulgation of final regulations 

17 implementing this section— 

18 (1) it shall be unlawful for any person to oper19 ate an online retail platform that does not comply 

20 with the requirements of subsection (b); and 

21 (2) it shall be unlawful for any person who of22 fers a product for sale through an online retail plat23 form to knowingly provide false information to the 

24 platform with respect to the country of origin of 

25 such product. 


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1 (b) COUNTRY OF ORIGIN DISCLOSURE REQUIRE2 MENTS.—The requirements of this subsection, with re3 spect to an online retail platform, are the following: 

4 (1) The online retail platform requires any per5 son who wishes to sell a product through the plat6 form to provide the platform with information on the 

7 country of origin of such product which shall in8 clude, if applicable, the country of origin of the 

9 product as the product is marked or labeled pursu10 ant to section 304 of the Tariff Act of 1930 (19 

11 U.S.C. 1304) and the regulations promulgated under 

12 such Act. 

13 (2) With respect to any article of foreign origin 

14 imported into the United States that is subject to 

15 the country of origin marking requirement of section 

16 304 of the Tariff Act of 1930 (19 U.S.C. 1304) and 

17 is offered for sale on the online retail platform, the 

18 platform discloses, in a conspicuous manner and in 

19 the same language that is used on the rest of the 

20 platform, the name of the country of origin (as such 

21 term is defined for purposes of such section 304) of 

22 that article. 


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1 SEC. 4. COUNTRY OF ORIGIN DISCLOSURE REQUIREMENTS 

2 FOR SELLERS OF INTERNET APPLICATIONS. 

3 Beginning on the date that is 180 days after the date 

4 of the promulgation of final regulations implementing this 

5 section— 

6 (1) it shall be unlawful for any person to sell 

7 or distribute an internet application unless the per8 son discloses to any individual who downloads such 

9 application, in a clear and conspicuous manner and 

10 in the same language that is used on the rest of the 

11 platform on which such application is sold or distrib12 uted— 

13 (A) the country in which the developer of 

14 such application is located; 

15 (B) the country in which the publisher of 

16 such application is located; and 

17 (C) if applicable, the country in which the 

18 parent corporation of such developer or pub19 lisher is located; and 

20 (2) it shall be unlawful for the developer or 

21 publisher of an internet application to knowingly 

22 provide false information to a seller or distributor of 

23 internet applications with respect to the country in 

24 which such developer or publisher or the parent cor25 poration of such developer or publisher is located. 


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1 SEC. 5. ENFORCEMENT. 

2 (a) UNFAIR AND DECEPTIVE ACTS OR PRACTICES.— 

3 A violation of this Act shall be treated as a violation of 

4 a rule defining an unfair or deceptive act or practice pre5 scribed under section 18(a)(1)(B) of the Federal Trade 

6 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

7 (b) POWERS OF COMMISSION.— 

8 (1) IN GENERAL.—The Commission shall en9 force this Act in the same manner, by the same 

10 means, and with the same jurisdiction, powers, and 

11 duties as though all applicable terms and provisions 

12 of the Federal Trade Commission Act (15 U.S.C. 41 

13 et seq.) were incorporated into and made a part of 

14 this Act. 

15 (2) PRIVILEGES AND IMMUNITIES.—Any person 

16 that violates this Act shall be subject to the pen17 alties (including the provisions of subsections (l) and 

18 (m) of section 5 of such Act which provide for a 

19 maximum civil penalty per violation of $42,350 (as 

20 of February 14, 2019)), and entitled to the privi21 leges and immunities, provided in the Federal Trade 

22 Commission Act (15 U.S.C. 41 et seq.). 

23 (c) CONSULTATION WITH U.S. CUSTOMS AND BOR24 DER PROTECTION.—In carrying out this Act and promul25 gating rules under this Act, the Commission shall consult 


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1 with the Commissioner of U.S. Customs and Border Pro2 tection. 

3 (d) RULEMAKING.—The Commission shall promul4 gate in accordance with section 553 of title 5, United 

5 States Code, such rules as may be necessary to carry out 

6 this Act. 

Æ 


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