I 

117TH CONGRESS 

2D SESSION H. R. 6412 

To exclude products from non-market economy countries and products that 

are subject to certain enforcement actions from the privilege of de minimis treatment under the Tariff Act of 1930, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2022 

Mr. BLUMENAUER introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To exclude products from non-market economy countries and 

products that are subject to certain enforcement actions 

from the privilege of de minimis treatment under the 

Tariff Act of 1930, 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 ‘‘Import Security and 

5 Fairness Act’’. 


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1 SEC. 2. ADDITIONAL EXCEPTIONS TO EXEMPTIONS FOR DE 

2 MINIMIS TREATMENT UNDER THE TARIFF 

3 ACT OF 1930. 

4 Section 321 of the Tariff Act of 1930 (19 U.S.C. 

5 1321) is amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘(a) The Secretary’’ and inserting 

9 ‘‘(a) IN GENERAL.—The Secretary’’; 

10 (B) in paragraph (2)(C), by striking 

11 ‘‘$800’’ and inserting ‘‘except as provided in 

12 subsection (b)(1), $800’’; and 

13 (C) in the matter following such paragraph 

14 (2)(C), as so amended— 

15 (i) by striking ‘‘subdivision (2)’’ each 

16 place it appears and inserting ‘‘para17 graph’’; and 

18 (ii) by inserting after ‘‘lots’’ the fol19 lowing: ‘‘or is forwarded through a dis20 tribution or processing facility located in a 

21 foreign country’’; 

22 (2) by striking ‘‘(b) The Secretary’’ and insert23 ing the following: 

24 ‘‘(b) EXCEPTIONS.— 


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1 ‘‘(1) IN GENERAL.—The following articles may 

2 not be admitted free of duty or tax under the au3 thority provided by subsection (a)(2)(C): 

4 ‘‘(A) An article the country of origin of 

5 which— 

6 ‘‘(i) is a nonmarket economy country 

7 (as such term is defined in section 

8 771(18)); and 

9 ‘‘(ii) is a country included in the pri10 ority watch list (as such term is defined in 

11 section 182(g)(3) of the Trade Act of 1974 

12 (19 U.S.C. 2242(g)(3))). 

13 ‘‘(B) An article that is subject to an action 

14 authorized under section 301(c) of the Trade 

15 Act of 1974 (19 U.S.C. 2411(c)) or section 

16 232(c) of the Trade Expansion Act of 1962 (19 

17 U.S.C. 1862(c)). 

18 ‘‘(2) OTHER EXCEPTIONS.—The Secretary’’; 

19 and 

20 (3) by adding at the end the following: 

21 ‘‘(c) DEFINITION.—In subsection (a)(2), the term 

22 ‘distribution or processing facility’ means a facility used 

23 primarily for the storage of articles that are intended for 

24 subsequent shipment.’’. 


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1 SEC. 3. ADDITIONAL ADMINISTRATIVE PROVISIONS RELAT2 ING TO DE MINIMIS TREATMENT UNDER THE 

3 TARIFF ACT OF 1930. 

4 (a) ADMINISTRATIVE EXEMPTIONS.—Section 321 of 

5 the Tariff Act of 1930 (19 U.S.C. 1321), as amended by 

6 section 2, is further amended by adding at the end the 

7 following: 

8 ‘‘(c) SUBMISSION OF DOCUMENTATION AND INFOR9 MATION.— 

10 ‘‘(1) IN GENERAL.—For any articles that may 

11 qualify for an administrative exemption pursuant to 

12 subsection (a)(2), the Secretary of the Treasury is 

13 authorized to prescribe regulations to authorize or 

14 require the submission, transmission, or otherwise 

15 making available of such documentation or informa16 tion to U.S. Customs and Border Protection as the 

17 Secretary determines is reasonably necessary for 

18 U.S. Customs and Border Protection to determine 

19 the eligibility of such articles to qualify for such ex20 emption. 

21 ‘‘(2) MATTERS TO BE INCLUDED.—The regula22 tions prescribed pursuant to paragraph (1) may pro23 vide that such documentation or information include 

24 documentation or information regarding the offer for 

25 sale or purchase, or the subsequent sale, purchase, 

26 transportation, importation or warehousing of such 


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1 articles, including such documentation or informa2 tion relating to the offering of such articles for sale 

3 or purchase in the United States through a commer4 cial or marketing platform, including an electronic 

5 commercial or marketing platform.

6 ‘‘(3) VERACITY OF DOCUMENTATION AND IN7 FORMATION.— 

8 ‘‘(A) IN GENERAL.—The regulations pre9 scribed pursuant to paragraph (1) shall provide 

10 that— 

11 ‘‘(i) such documentation or informa12 tion is true and correct to the best of the 

13 knowledge and belief of the party submit14 ting, transmitting, or otherwise making 

15 available such documentation or informa16 tion, subject to any penalties authorized by 

17 law; or 

18 ‘‘(ii) if such party is not able to rea19 sonably verify whether such documentation 

20 or information is true and correct to the 

21 best of the knowledge and belief of the 

22 party, such documentation or information 

23 may be submitted, transmitted, or other24 wise made available on the basis of what 


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1 the party reasonably believes to be true 

2 and correct. 

3 ‘‘(B) USE FOR ANY LAWFUL PURPOSE.— 

4 Such documentation or information may be 

5 used by U.S. Customs and Border Protection 

6 for any lawful purpose. 

7 ‘‘(4) CIVIL PENALTIES.—Any person who vio8 lates the regulations prescribed pursuant to para9 graph (1) is liable for a civil penalty of $5,000 for 

10 the first violation, and $10,000 for each subsequent 

11 violation. A penalty imposed under this paragraph is 

12 in addition to any other penalty provided by law. 

13 ‘‘(d) IMPORTATIONS INVOLVING SUSPENDED OR

14 DEBARRED PERSONS.—The Secretary of the Treasury is 

15 authorized to prescribe regulations to authorize exceptions 

16 to any administrative exemption pursuant to subsection 

17 (a) for any articles the importation of which is caused or 

18 otherwise facilitated by any person suspended or debarred 

19 from doing business with the Federal Government at the 

20 time of the importation.’’. 

21 (b) EXAMINATION OF MERCHANDISE.—Section 

22 499(c) of the Tariff Act of 1930 (19 U.S.C. 1499(c)) is 

23 amended— 


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1 (1) by striking ‘‘the Customs Service’’ each 

2 place it appears and inserting ‘‘U.S. Customs and 

3 Border Protection’’; and 

4 (2) in paragraph (2)— 

5 (A) in the first sentence, by striking ‘‘The 

6 Customs Service’’ and inserting the following: 

7 ‘‘(A) IN GENERAL.—U.S. Customs and 

8 Border Protection’’; 

9 (B) in the second sentence— 

10 (i) by striking ‘‘The’’ and inserting 

11 the following: 

12 ‘‘(B) INFORMATION TO BE INCLUDED.— 

13 The’’; and 

14 (ii) by redesignating the subsequent 

15 subparagraphs (A), (B), (C), (D), and (E) 

16 as clauses (i), (ii), (iii), (iv), and (v), re17 spectively, and moving the margins of such 

18 clauses, as redesignated, 2 ems to the 

19 right; and 

20 (C) by adding at the end the following: 

21 ‘‘(C) ADDITIONAL REQUIREMENTS RELAT22 ING TO MERCHANDISE THAT MAY QUALIFY FOR

23 CERTAIN ADMINISTRATIVE EXEMPTIONS.— 

24 ‘‘(i) IN GENERAL.—In the case of de25 tained merchandise that may qualify for an 


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1 administrative exemption pursuant to sec2 tion 321(a)(2)(C), U.S. Customs and Bor3 der Protection shall issue such notice to 

4 each party that U.S. Customs and Border 

5 Protections determines may have an inter6 est in the detained merchandise, based on 

7 information reasonably available to U.S. 

8 Customs and Border Protection, in such 

9 form and manner as the Secretary of the 

10 Treasury shall by regulation prescribe.

11 ‘‘(ii) VOLUNTARY ABANDONMENT OF

12 MERCHANDISE.—In the case of detained 

13 merchandise that may qualify for an ad14 ministrative exemption pursuant to section 

15 321(a)(2)(C), such notice shall also advise 

16 each such interested party that, in lieu of 

17 supplying information to U.S. Customs 

18 and Border Protection in accordance with 

19 subparagraph (B)(v), the interested parties 

20 may voluntarily abandon the detained mer21 chandise.

22 ‘‘(iii) ABANDONMENT DUE TO LACK

23 OF RESPONSE.—If U.S. Customs and Bor24 der Protection does not receive a response 

25 from each interested party in detained 


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1 merchandise that may qualify for an ad2 ministrative exemption pursuant to section 

3 321(a)(2)(C) within 15 days of the date on 

4 which such notice is issued to the inter5 ested parties, the merchandise shall be 

6 deemed to be abandoned and title to such 

7 merchandise shall be vested in the United 

8 States and disposed of in accordance with 

9 law.’’. 

10 SEC. 4. EFFECTIVE DATE. 

11 The amendments made by this Act shall apply with 

12 respect to articles entered, or withdrawn from warehouse 

13 for consumption, on or after the 15th day after the date 

14 of the enactment of this Act. 

Æ 


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