End China’s De Minimis Abuse Act

To amend section 321 of the Tariff Act of 1930 to modify the administrative exemptions under that Act. 1. Short title This Act may be cited as the End China’s De Minimis Abuse Act 2. Modification of administrative exemptions under the Tariff Act of 1930 (a) In general Section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 (1) in subsection (a)(2)— (A) in the matter preceding subparagraph (A), by striking admit articles subject to subsection (b)(1), admit articles (B) in subparagraph (C)— (i) by striking $800 subject to subsection (b)(2), $800 (ii) by striking the period at the end and inserting ; and (C) in the matter following subparagraph (C), by striking The privilege ; and (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following: (b) (1) The privilege of subparagraph (A), (B), or (C) of subsection (a)(2) shall not be granted in any case in which merchandise covered by a single order or contract is forwarded in separate lots to secure the benefit of such subsection. (2) The privilege of subparagraph (C) of subsection (a)(2) shall not be granted with respect to any article that is subject to duties or other import restrictions under any of the following provisions of law: (A) Subtitle A or B of title VII of this Act. (B) Section 201 of the Trade Act of 1974 ( 19 U.S.C. 2251 (C) Section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 (D) Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 (3) (A) No covered article may receive the privilege of subparagraph (C) of subsection (a)(2) unless the 10-digit classification of the article under the Harmonized Tariff Schedule of the United States is provided to U.S. Customs and Border Protection, pursuant to an authorized electronic data interchange system, as part of the entry filing in accordance with section 498 of this Act, in addition to any other information required by law. (B) In this paragraph, the term covered article 19 U.S.C. 2411 (c) Any person who enters, introduces, or attempts to introduce an article in violation of this section is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation. A penalty imposed under this subsection is in addition to any other penalty authorized by law. . (b) Effective date The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 30th day after the date of the enactment of this Act.

Summary: End China’s De Minimis Abuse ActThis bill prohibits certain U.S. imports from receiving de minimis treatment and establishes related civil penalties. (Current law allows for imports under a de minimis threshold to enter the United States free of tariffs and taxes with minimal inspection. In 2016, Congress raised this threshold from $200 to $800.)The bill prohibits imports from receiving de minimis treatment if those imports are subject to specified trade remedies, includingantidumping and countervailing duty tariffs (Subtitle A or B of Title VII of the Tariff Act of 1930),safeguard measures (Section 201 of the Trade Act of 1974),actions in response to unfair trade practices (Section 301 of the Trade Act of 1974), or actions for national security purposes (Section 232 of the Trade Expansion Act of 1962).The bill requires imports from countries that are subject to trade restrictions under Section 301 of the Trade Act of 1974, in order to receive de minimis treatment, to have a 10-digit classification of the import under the Harmonized Tariff Schedule of the United States (HTS) that is provided to U.S. Customs and Border Protection. (HTS sets out the tariff rates and statistical categories for all U.S. imports.)The bill also establishes civil penalties for any person who enters, introduces, or attempts to introduce an import in violation of this bill.