384
withdrawals made during a calendar month, within
such time period as is prescribed in regulations but
not to exceed the 20th day following such calendar
month.
‘‘(B) When an entry of merchandise is made
under this section, the required documentation or in-
formation shall be filed or electronically transmitted
either by the owner or purchaser of the merchandise
or, when appropriately designated by the owner, pur-
chaser, or consignee of the merchandise, a person
holding a valid license under section 641. When a
consignee declares on entry that he is the owner or
purchaser of merchandise the Customs Service may,
without liability, accept the declaration. For the pur-
poses of this Act, the importer of record must be one
of the parties who is eligible to file the documenta-
tion or information required by this section.
‘‘(C) The Secretary, in prescribing regulations
to carry out this subsection, shall establish proce-
dures which insure the accuracy and timeliness of
import statistics, particularly statistics relevant to
the classification and valuation of imports. Correc-
tions of errors in such statistical data shall be trans-
mitted immediately to the Director of the Bureau of
the Census, who shall make corrections in the statis-
385
tics maintained by the Bureau. The Secretary shall
also provide, to the maximum extent practicable, for
the protection of the revenue, the enforcement of
laws governing the importation and exportation of
merchandise, the facilitation of the commerce of the
United States, and the equal treatment of all im-
porters of record of imported merchandise.
‘‘(b) RECONCILIATION.—
‘‘(1) IN GENERAL.—A party that electronically
transmits an entry summary or import activity sum-
mary statement may at the time of filing such sum-
mary or statement notify the Customs Service of his
intention to file a reconciliation pursuant to such
regulations as the Secretary may prescribe. Such
reconciliation must be filed by the importer of record
within such time period as is prescribed by regula-
tion but no later than 15 months following the filing
of the entry summary or import activity summary
statement; except that the prescribed time period for
reconciliation issues relating to the assessment of
antidumping and countervailing duties shall require
filing no later than 90 days after the Customs Serv-
ice advises the importer that a period of review for
antidumping or countervailing duty purposes has
been completed. Before filing a reconciliation, an im-
386
porter of record shall post bond or other security
pursuant to such regulations as the Secretary may
prescribe.
‘‘(2) REGULATIONS
REGARDING
AD/CV
DU-
TIES.—The Secretary shall prescribe, in consultation
with the Secretary of Commerce, such regulations as
are necessary to adapt the reconciliation process for
use in the collection of antidumping and countervail-
ing duties.
‘‘(c) RELEASE
OF MERCHANDISE.—The Customs
Service may permit the entry and release of merchandise
from customs custody in accordance with such regulations
as the Secretary may prescribe. No officer of the Customs
Service shall be liable to any person with respect to the
delivery of merchandise released from customs custody in
accordance with such regulations.
‘‘(d) SIGNING
AND CONTENTS.—Entries shall be
signed by the importer of record, or his agent, unless filed
pursuant to an electronic data interchange system. If elec-
tronically filed, each transmission of data shall be certified
by an importer of record or his agent, one of whom shall
be resident in the United States for purposes of receiving
service of process, as being true and correct to the best
of his knowledge and belief, and such transmission shall
be binding in the same manner and to the same extent
387
as a signed document. The entry shall set forth such facts
in regard to the importation as the Secretary may require
and shall be accompanied by such invoices, bills of lading,
certificates, and documents, or their electronically submit-
ted equivalents, as are required by regulation.
‘‘(e) PRODUCTION OF INVOICE.—The Secretary may
provide by regulation for the production of an invoice,
parts thereof, or the electronic equivalents thereof, in such
manner and form, and under such terms and conditions,
as the Secretary considers necessary.
‘‘(f) STATISTICAL ENUMERATION.—The Secretary,
the Secretary of Commerce, and the United States Inter-
national Trade Commission shall establish from time to
time for statistical purposes an enumeration of articles in
such detail as in their judgment may be necessary, com-
prehending all merchandise imported into the United
States and exported from the United States, and shall
seek, in conjunction with statistical programs for domestic
production and programs for achieving international har-
monization of trade statistics, to establish the comparabil-
ity thereof with such enumeration of articles. All import
entries and export declarations shall include or have at-
tached thereto an accurate statement specifying, in terms
of such detailed enumeration, the kinds and quantities of
388
all merchandise imported and exported and the value of
the total quantity of each kind of article.
‘‘(g) STATEMENT OF COST OF PRODUCTION.—Under
such regulations as the Secretary may prescribe, the Cus-
toms Service may require a verified statement from the
manufacturer or producer showing the cost of producing
the imported merchandise, if the Customs Service consid-
ers such verification necessary for the appraisement of
such merchandise.
‘‘(h) ADMISSIBILITY
OF DATA ELECTRONICALLY
TRANSMITTED.—Any entry or other information transmit-
ted by means of an authorized electronic data interchange
system shall be admissible in any and all administrative
and judicial proceedings as evidence of such entry or infor-
mation.’’.
(b) AMENDMENT TO SECTION 771.—Section 771 (19
U.S.C. 1677) is amended by adding at the end the follow-
ing new paragraph:
‘‘(23) ENTRY.—The term ‘entry’ includes, in
appropriate circumstances as determined by the ad-
ministering authority, a reconciliation entry created
under a reconciliation process, defined in section
401(s), that is initiated by an importer. The liability
of an importer under an antidumping or countervail-
ing duty proceeding for entries of merchandise sub-
389
ject to the proceeding will attach to the correspond-
ing reconciliation entry or entries. Suspension of liq-
uidation of the reconciliation entry or entries, for the
purpose of enforcing this title, is equivalent to the
suspension of liquidation of the corresponding indi-
vidual entries; but the suspension of liquidation of
the reconciliation entry or entries for such purpose
does not preclude liquidation for any other pur-
pose.’’.
SEC. 638. APPRAISEMENT AND OTHER PROCEDURES.
Section 500 (19 U.S.C. 1500) is amended—
(1) by striking out ‘‘The appropriate customs
officer’’ and inserting ‘‘The Customs Service’’;
(2) by striking out ‘‘appraise’’ in subsection (a)
and inserting ‘‘fix the final appraisement of’’;
(3) by striking out ‘‘ascertain the’’ in sub-
section (b) and inserting ‘‘fix the final’’;
(4) by amending subsection (c)—
(A) by inserting ‘‘final’’ after ‘‘fix the’’,
and
(B) by inserting ‘‘, taxes, and fees’’ after
‘‘duties’’ wherever it appears; and
(5) by amending subsections (d) and (e) to read
as follows:
390
‘‘(d) liquidate the entry and reconciliation, if
any, of such merchandise; and
‘‘(e) give or transmit, pursuant to an electronic
data interchange system, notice of such liquidation
to the importer, his consignee, or agent in such form
and manner as the Secretary shall by regulation pre-
scribe.’’.
SEC. 639. VOLUNTARY RELIQUIDATIONS.
Section 501 (19 U.S.C. 1501) is amended—
(1) by striking out ‘‘the appropriate customs of-
ficer on his own initiative’’ and inserting ‘‘the Cus-
toms Service’’;
(2) by inserting ‘‘or transmitted’’ after ‘‘given’’
wherever it appears; and
(3) by amending the section heading to read as
follows:
‘‘SEC. 501. VOLUNTARY RELIQUIDATIONS BY THE CUSTOMS
SERVICE.’’.
SEC. 640. APPRAISEMENT REGULATIONS.
Section 502 (19 U.S.C. 1502) is amended—
(1) by amending subsection (a)—
(A) by inserting ‘‘(including regulations es-
tablishing procedures for the issuance of bind-
ing rulings prior to the entry of the merchan-
dise concerned)’’ after ‘‘law’’,
391
(B) by striking out ‘‘ports of entry, and’’
inserting ‘‘ports of entry. The Secretary’’,
(C) by inserting ‘‘or classifying’’ after ‘‘ap-
praising’’ wherever it appears, and
(D) by striking out ‘‘such port’’ and insert-
ing ‘‘any port, and may direct any customs offi-
cer at any port to review entries of merchandise
filed at any other port’’; and
(2) by striking out subsection (b) and redesig-
nating subsection (c) as subsection (b).
SEC. 641. LIMITATION ON LIQUIDATION.
Section 504 (19 U.S.C. 1504) is amended—
(1) by amending subsection (a)—
(A) by striking out ‘‘Except as provided in
subsection (b),’’ and inserting ‘‘Unless an entry
is extended under subsection (b) or suspended
as required by statute or court order,’’,
(B) by striking out ‘‘or’’ at the end of
paragraph (2),
(C) by inserting ‘‘or’’ after the semicolon
at the end of paragraph (3), and
(D) by inserting the following new para-
graph after paragraph (3):
‘‘(4) if a reconciliation is filed, or should have
been filed, the date of the filing under section 484
392
or the date the reconciliation should have been
filed;’’; and
(2) by amending subsections (b), (c), and (d) to
read as follows:
‘‘(b) EXTENSION.—The Secretary may extend the pe-
riod in which to liquidate an entry if—
‘‘(1) the information needed for the proper ap-
praisement or classification of the merchandise, or
for insuring compliance with applicable law, is not
available to the Customs Service; or
‘‘(2) the importer of record requests such exten-
sion and shows good cause therefor.
The Secretary shall give notice of an extension under this
subsection to the importer of record and the surety of such
importer of record. Notice shall be in such form and man-
ner (which may include electronic transmittal) as the Sec-
retary shall by regulation prescribe. Any entry the liquida-
tion of which is extended under this subsection shall be
treated as having been liquidated at the rate of duty,
value, quantity, and amount of duty asserted at the time
of entry by the importer of record at the expiration of 4
years from the applicable date specified in subsection (a).
‘‘(c) NOTICE OF SUSPENSION.—If the liquidation of
any entry is suspended, the Secretary shall by regulation
require that notice of the suspension be provided, in such
393
manner as the Secretary considers appropriate, to the im-
porter of record and to any authorized agent and surety
of such importer of record.
‘‘(d) REMOVAL OF SUSPENSION.—When a suspension
required by statute or court order is removed, the Customs
Service shall liquidate the entry within 6 months after re-
ceiving notice of the removal from the Department of
Commerce, other agency, or a court with jurisdiction over
the entry. Any entry not liquidated by the Customs Service
within 6 months after receiving such notice shall be treat-
ed as having been liquidated at the rate of duty, value,
quantity, and amount of duty asserted at the time of entry
by the importer of record.’’.
SEC. 642. PAYMENT OF DUTIES AND FEES.
(a) AMENDMENT
TO SECTION 505.—Section 505
(U.S.C. 1505) is amended to read as follows:
‘‘SEC. 505. PAYMENT OF DUTIES AND FEES.
‘‘(a) DEPOSIT OF ESTIMATED DUTIES, FEES, AND
INTEREST.—Unless merchandise is entered for warehouse
or transportation, or under bond, the importer of record
shall deposit with the Customs Service at the time of mak-
ing entry, or at such later time as the Secretary may pre-
scribe by regulation, the amount of duties and fees esti-
mated to be payable thereon. Such regulations may pro-
vide that estimated duties and fees shall be deposited be-
394
fore or at the time an import activity summary statement
is filed. If an import activity summary statement is filed,
the estimated duties and fees shall be deposited together
with interest, at a rate determined by the Secretary, ac-
cruing from the first date of the month the statement is
required to be filed until the date such statement is actu-
ally filed.
‘‘(b) COLLECTION OR REFUND OF DUTIES, FEES,
AND INTEREST DUE UPON LIQUIDATION OR RELIQUIDA-
TION.—The Customs Service shall collect any increased or
additional duties and fees due, together with interest
thereon, or refund any excess moneys deposited, together
with interest thereon, as determined on a liquidation or
reliquidation. Duties, fees, and interest determined to be
due upon liquidation or reliquidation are due 30 days after
issuance of the bill for such payment. Refunds of excess
moneys deposited, together with interest thereon, shall be
paid within 30 days of liquidation or reliquidation.
‘‘(c) INTEREST.—Interest assessed due to an
underpayment of duties, fees, or interest shall accrue, at
a rate determined by the Secretary, from the date the im-
porter of record is required to deposit estimated duties,
fees, and interest to the date of liquidation or reliquidation
of the applicable entry or reconciliation. Interest on excess
moneys deposited shall accrue, at a rate determined by
395
the Secretary, from the date the importer of record depos-
its estimated duties, fees, and interest to the date of liq-
uidation or reliquidation of the applicable entry or rec-
onciliation.
‘‘(d) DELINQUENCY.—If duties, fees, and interest de-
termined to be due or refunded are not paid in full within
the 30-day period specified in subsection (b), any unpaid
balance shall be considered delinquent and bear interest
by 30-day periods, at a rate determined by the Secretary,
from the date of liquidation or reliquidation until the full
balance is paid. No interest shall accrue during the 30-
day period in which payment is actually made.’’.
(b) CONFORMING AMENDMENT.—Subsection (d) of
section 520 (19 U.S.C. 1520(d)) is repealed.
SEC. 643. ABANDONMENT AND DAMAGE.
Section 506 (19 U.S.C. 1506) is amended—
(1) by striking out ‘‘the appropriate customs of-
ficer’’ and ‘‘such customs officer’’ wherever they ap-
pear and inserting ‘‘the Customs Service’’;
(2) by amending paragraph (1)—
(A) by striking out ‘‘not sent to the ap-
praiser’s stores for’’ and inserting ‘‘released
without an’’,
(B) by striking out ‘‘of the examination
packages or quantities of merchandise’’,
396
(C) by striking out ‘‘the appraiser’s stores’’
and inserting ‘‘the Customs Service’’, and
(D) by inserting ‘‘or entry’’ after ‘‘in-
voice’’, and
(3) by amending paragraph (2)—
(A) by inserting ‘‘, electronically or other-
wise,’’ after ‘‘files’’, and
(B) by striking out ‘‘written’’.
SEC. 644. CUSTOMS OFFICER’S IMMUNITY.
Section 513 (19 U.S.C. 1513) is amended to read as
follows:
‘‘SEC. 513. CUSTOMS OFFICER’S IMMUNITY.
‘‘No customs officer shall be liable in any way to any
person for or on account of—
‘‘(1) any ruling or decision regarding the ap-
praisement or the classification of any imported
merchandise or regarding the duties, fees, and taxes
charged thereon,
‘‘(2) the collection of any dues, charges, duties,
fees, and taxes on or on account of any imported
merchandise, or
‘‘(3) any other matter or thing as to which any
person might under this Act be entitled to protest or
appeal from the decision of such officer.’’.
397
SEC. 645. PROTESTS.
Section 514 (19 U.S.C. 1514) is amended—
(1) by amending subsection (a)—
(A) by striking out ‘‘appropriate customs
officer’’ in the text preceding paragraph (1) and
inserting ‘‘Customs Service’’,
(B) by inserting ‘‘or reconciliation as to
the issues contained therein,’’ after ‘‘entry,’’ in
paragraph (5),
(C) by striking out ‘‘and’’ and inserting
‘‘or’’ at the end of paragraph (6),
(D) by striking out the comma at the end
of paragraph (7) and inserting a semicolon, and
(E) by striking out ‘‘appropriate customs
officer, who’’ in the text following paragraph
(7) and inserting ‘‘Customs Service, which’’;
(2) by amending subsection (b) by striking out
‘‘appropriate customs officer’’ and inserting ‘‘Cus-
toms Service’’;
(3) by amending the first sentence of subsection
(c)(1) to read as follows: ‘‘A protest of a decision
made under subsection (a) shall be filed in writing,
or transmitted electronically pursuant to an elec-
tronic data interchange system, in accordance with
regulations prescribed by the Secretary. A protest
must set forth distinctly and specifically—
398
‘‘(A) each decision described in subsection
(a) as to which protest is made;
‘‘(B) each category of merchandise affected
by each decision set forth under paragraph (1);
‘‘(C) the nature of each objection and the
reasons therefor; and
‘‘(D) any other matter required by the Sec-
retary by regulation.’’;
(4) by redesignating paragraph (2) of sub-
section (c) as paragraph (3) and by striking out
‘‘such customs officer’’ in such redesignated para-
graph and inserting ‘‘the Customs Service’’;
(5) by designating the last sentence of para-
graph (1) of subsection (c) as paragraph (2);
(6) by striking out ‘‘customs officer’’ in sub-
section (d) and inserting ‘‘Customs Service’’; and
(7) by amending the section heading to read as
follows:
‘‘SEC. 514. PROTEST AGAINST DECISIONS OF THE CUSTOMS
SERVICE.’’.
SEC. 646. REFUNDS AND ERRORS.
Section 520 (19 U.S.C. 1520) is amended—
(1) by inserting ‘‘or reconciliation’’ after
‘‘entry’’ in paragraphs (1) and (4) of subsection (a);
and
399
(2) by amending subsection (c)—
(A) by striking out ‘‘appropriate customs
officer’’ wherever it appears and inserting
‘‘Customs Service’’,
(B) by inserting ‘‘or reconciliation’’ after
‘‘reliquidate an entry’’, and
(C) by inserting ‘‘, whether or not result-
ing from or contained in electronic trans-
mission,’’ after ‘‘inadvertence’’ the first place it
appears in paragraph (1).
SEC. 647. BONDS AND OTHER SECURITY.
Section 623 (19 U.S.C. 1623) is amended—
(1) by inserting ‘‘and the manner in which the
bond may be filed with or, pursuant to an author-
ized electronic data interchange system, transmitted
to the Customs Service’’ after ‘‘form of such bond’’
in subsection (b)(1); and
(2) by inserting at the end of subsection (d) the
following new sentence: ‘‘Any bond transmitted to
the Customs Service pursuant to an authorized elec-
tronic data interchange system shall have the same
force and effect and be binding upon the parties
thereto as if such bond were manually executed,
signed, and filed.’’.
400
SEC. 648. CUSTOMHOUSE BROKERS.
Section 641 (19 U.S.C. 1641) is amended—
(1) by adding at the end of subsection (a)(2)
the following new sentence: ‘‘It also includes the
preparation of documents or forms in any format
and the electronic transmission of documents, in-
voices, bills, or parts thereof, intended to be filed
with the Customs Service in furtherance of such ac-
tivities, whether or not signed or filed by the pre-
parer, or activities relating to such preparation, but
does not include the mere electronic transmission of
data received for transmission to Customs.’’;
(2) by amending subsection (c)(1) to read as
follows:
‘‘(1) IN GENERAL.—Each person granted a cus-
toms broker’s license under subsection (b) shall be
issued, in accordance with such regulations as the
Secretary shall prescribe, either or both of the
following:
‘‘(A) A national permit for the conduct of
such customs business as the Secretary pre-
scribes by regulation.
‘‘(B) A permit for each customs district in
which that person conducts customs business
and, except as provided in paragraph (2), regu-
larly employs at least 1 individual who is li-
401
censed under subsection (b)(2) to exercise re-
sponsible supervision and control over the cus-
toms business conducted by that person in that
district.’’;
(3) by inserting at the end of subsection (c) the
following new paragraph:
‘‘(4) APPOINTMENT OF SUBAGENTS.—Notwith-
standing subsection (c)(1), upon the implementation
by the Secretary under section 413(b)(2) of the com-
ponent of the National Customs Automation Pro-
gram referred to in section 411(a)(2)(B), a licensed
broker may appoint another licensed broker holding
a permit in a customs district to act on its behalf
as its subagent in that district if such activity re-
lates to the filing of information that is permitted by
law or regulation to be filed electronically. A licensed
broker appointing a subagent pursuant to this para-
graph shall remain liable for any and all obligations
arising under bond and any and all duties, taxes,
and fees, as well as any other liabilities imposed by
law, and shall be precluded from delegating to a
subagent such liability.’’;
(4) by amending subsection (d)(2)(B)—
402
(A) by striking out ‘‘appropriate customs
officer’’ and inserting ‘‘Customs Service’’ in the
first and third sentences,
(B) by striking out ‘‘he’’ and inserting ‘‘it’’
in the third sentence,
(C) by striking out ‘‘15 days’’ and insert-
ing ‘‘30 days’’ in the third sentence,
(D) by striking out ‘‘the appropriate cus-
toms officer and the customs broker; they’’ and
inserting ‘‘the Customs Service and the customs
broker; which’’ in the sixth sentence,
(E) by striking out ‘‘his’’ and inserting
‘‘the’’ in the seventh sentence, and
(F) by striking out ‘‘for his decision’’ and
inserting ‘‘for the decision’’ in the eighth sen-
tence; and
(5) by amending subsection (f) by striking out
‘‘United States Customs Service.’’ and inserting
‘‘Customs Service. The Secretary may not prohibit
customs brokers from limiting their liability to other
persons in the conduct of customs business. For pur-
poses of this subsection or any other provision of
this Act pertaining to recordkeeping, all data re-
quired to be retained by a customs broker may be
kept on microfilm, optical disc, magnetic tapes, disks
403
or drums, video files or any other electrically gen-
erated medium. Pursuant to such regulations as the
Secretary shall prescribe, the conversion of data to
such storage medium may be accomplished at any
time subsequent to the relevant customs transaction
and the data may be retained in a centralized basis
according to such broker’s business system.’’.
SEC. 649. CONFORMING AMENDMENTS.
(a) PLACE OF ENTRY AND UNLADING.—Section 447
(19 U.S.C. 1447) is amended by striking out ‘‘the appro-
priate customs officer shall consider’’ and inserting ‘‘the
Customs Service considers’’.
(b) UNLADING.—Section 449 (19 U.S.C. 1449) is
amended by striking out ‘‘appropriate customs officer of
such port issues a permit for the unlading of such mer-
chandise or baggage,’’ and inserting ‘‘Customs Service is-
sues a permit for the unlading of such merchandise or
baggage at such port,’’.
Subtitle C—Miscellaneous Amend-
ments to the Tariff Act of 1930
SEC. 651. ADMINISTRATIVE EXEMPTIONS.
Section 321 (19 U.S.C. 1321) is amended—
(1) by amending subsection (a)(1)—
404
(A) by striking out ‘‘of less than $10’’ and
inserting ‘‘of an amount specified by the Sec-
retary by regulation, but not less than $20,’’,
(B) by inserting ‘‘, fees,’’ after ‘‘duties’’
wherever it appears, and
(C) by striking out ‘‘and’’ at the end there-
of;
(2) by amending subsection (a)(2)—
(A) by striking out ‘‘shall not exceed—’’
and inserting ‘‘shall not exceed an amount spec-
ified by the Secretary by regulation, but not
less than—’’,
(B) by striking out ‘‘$50’’ and ‘‘$100’’ in
subparagraph (A) and inserting ‘‘$100’’ and
‘‘$200’’, respectively,
(C) by striking out ‘‘$25’’ in subparagraph
(B) and inserting ‘‘$200’’,
(D) by striking out ‘‘$5’’ in subparagraph
(C) and inserting ‘‘$200’’, and
(E) by striking the period at the end there-
of and inserting ‘‘; and’’, and
(3) by inserting a new paragraph (3) at the end
of subsection (a) to read as follows:
‘‘(3) waive the collection of duties, fees, and
taxes due on entered merchandise when such duties,
405
fees, or taxes are less than $20 or such greater
amount as may be specified by the Secretary by reg-
ulation.’’; and
(4) by amending subsection (b)—
(A) by striking out ‘‘to diminish any dollar
amount specified in subsection (a) and’’; and
(B) by striking out ‘‘such subsection’’
wherever it appears and inserting ‘‘subsection
(a)’’.
SEC. 652. REPORT OF ARRIVAL.
Section 433 (19 U.S.C. 1433) is amended—
(1) by amending subsection (a)(1)—
(A) by striking out ‘‘or’’ at the end of sub-
paragraph (B),
(B) by inserting ‘‘or’’ after the semicolon
at the end of subparagraph (C), and
(C) by adding after subparagraph (C) the
following:
‘‘(D) any vessel which has visited a hover-
ing vessel or received merchandise while outside
the territorial sea;’’;
(2) by striking out ‘‘present to customs officers
such’’ in subsection (d) and inserting ‘‘present, or
transmit pursuant to an electronic data interchange
406
system, to the Customs Service such information,
data,’’; and
(3) by amending subsection (e) to read as fol-
lows:
‘‘(e) PROHIBITION
ON
DEPARTURES
AND
DIS-
CHARGE.—Unless otherwise authorized by law, a vessel,
aircraft or vehicle after arriving in the United States or
Virgin Islands may, but only in accordance with regula-
tions prescribed by the Secretary—
‘‘(1) depart from the port, place, or airport of
arrival; or
‘‘(2) discharge any passenger or merchandise
(including baggage).’’.
SEC. 653. ENTRY OF VESSELS.
Section 434 (19 U.S.C. 1434) amended to read as
follows:
‘‘SEC. 434. ENTRY; VESSELS.
‘‘(a) FORMAL ENTRY.—Within 24 hours (or such
other period of time as may be provided under subsection
(c)(2)) after the arrival at any port or place in the United
States of—
‘‘(1) any vessel from a foreign port or place;
‘‘(2) any foreign vessel from a domestic port;
407
‘‘(3) any vessel of the United States having on
board bonded merchandise or foreign merchandise
for which entry has not been made; or
‘‘(4) any vessel which has visited a hovering
vessel or has delivered or received merchandise while
outside the territorial sea;
the master of the vessel shall, unless otherwise provided
by law, make formal entry at the nearest customs facility
or such other place as the Secretary may prescribe by
regulation.
‘‘(b) PRELIMINARY ENTRY.—The Secretary may by
regulation permit the master to make preliminary entry
of the vessel with the Customs Service in lieu of formal
entry or before formal entry is made. In permitting pre-
liminary entry, the Customs Service shall board a suffi-
cient number of vessels to ensure compliance with the laws
it enforces.
‘‘(c) REGULATIONS.—The Secretary may by regula-
tion—
‘‘(1) prescribe the manner and format in which
entry under subsection (a) or subsection (b), or
both, must be made, and such regulations may pro-
vide that any such entry may be made electronically
pursuant to an electronic data interchange system;
‘‘(2) provide that—
408
‘‘(A) formal entry must be made within a
greater or lesser time than 24 hours after arriv-
al, but in no case more than 48 hours after ar-
rival, and
‘‘(B) formal entry may be made before ar-
rival; and
‘‘(3) authorize the Customs Service to permit
entry or preliminary entry of any vessel to be made
at a place other than a designated port of entry,
under such conditions as may be prescribed.’’.
SEC. 654. UNLAWFUL RETURN OF FOREIGN VESSEL PA-
PERS.
Section 438 (19 U.S.C. 1438) is amended—
(1) by striking out ‘‘section 435’’ and inserting
‘‘section 434’’;
(2) by inserting ‘‘, or regulations issued there-
under,’’ after ‘‘of this Act’’; and
(3) by striking out ‘‘the appropriate customs of-
ficer of the port where such vessel has been en-
tered.’’ and inserting ‘‘the Customs Service in the
port in which such vessel has entered.’’.
SEC. 655. VESSELS NOT REQUIRED TO ENTER.
Section 441 (19 U.S.C. 1441) is amended—
(1) by amending the text preceding paragraph
(1) to read as follows: ‘‘The following vessels shall
409
not be required to make entry under section 434 or
to obtain clearance under section 4197 of the Re-
vised Statutes of the United States (46 U.S.C. App.
91):’’;
(2) by amending paragraph (3) to read as
follows:
‘‘(3) Any vessel carrying passengers on excursion
from the United States Virgin Islands to the British Vir-
gin Islands and returning, if—
‘‘(A) the vessel does not in any way violate the
customs or navigation laws of the United States;
‘‘(B) the vessel has not visited any hovering
vessel; and
‘‘(C) the master of the vessel, if there is on
board any article required by law to be entered, re-
ports the article to the Customs Service immediately
upon arrival.’’;
(3) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively, and inserting
after paragraph (3) the following:
‘‘(4) Any United States documented vessel with rec-
reational endorsement or any undocumented United
States pleasure vessel not engaged in trade, if—
410
‘‘(A) the vessel complies with the reporting re-
quirements of section 433, and with the customs and
navigation laws of the United States;
‘‘(B) the vessel has not visited any hovering
vessel; and
‘‘(C) the master of, and any other person on
board, the vessel, if the master or such person has
on board any article required by law to be entered
or declared, reports such article to the Customs
Service immediately upon arrival;’’;
(4) by amending paragraph (6) (as so redesig-
nated) by striking out ‘‘enrolled and licensed to en-
gage in the foreign and coasting trade in the north-
ern, northeastern, and northwestern frontiers’’ and
inserting ‘‘documented under chapter 121 of title
46, United States Code, with a Great Lakes en-
dorsement’’; and
(5) by amending the section heading to read as
follows:
‘‘SEC. 441. EXCEPTIONS TO VESSEL ENTRY AND CLEAR-
ANCE REQUIREMENTS.’’.
SEC. 656. UNLADING.
Section 448(a) (19 U.S.C. 1448(a)) is amended—
(1) by amending the first sentence—
411
(A) by striking out ‘‘enter)’’ and inserting
‘‘enter or clear)’’,
(B) by striking out ‘‘or vehicle arriving
from a foreign port or place’’ and inserting ‘‘re-
quired to make entry under section 434, or ve-
hicle required to report arrival under section
433,’’,
(C) by inserting ‘‘or transmitted pursuant
to an electronic data interchange system’’ after
‘‘issued’’, and
(D) by striking out the colon after ‘‘offi-
cer’’ and the proviso and inserting a period;
(2) by amending the second sentence—
(A) by striking out ‘‘, preliminary or other-
wise,’’, and
(B) by inserting ‘‘, electronically pursuant
to an authorized electronic data interchange
system or otherwise,’’ after ‘‘may issue a per-
mit’’;
(3) by striking out the last sentence and insert-
ing the following: ‘‘The owner or master of any ves-
sel or vehicle, or agent thereof, shall notify the Cus-
toms Service of any merchandise or baggage so un-
laden for which entry is not made within the time
prescribed by law or regulation. The Secretary shall
412
by regulation prescribe administrative penalties not
to exceed $1,000 for each bill of lading for which no-
tice is not given. Any such administrative penalty
shall be subject to mitigation and remittance under
section 618. Such unentered merchandise or bag-
gage shall be the responsibility of the master or per-
son in charge of the importing vessel or vehicle, or
agent thereof, until it is removed from the carrier’s
control in accordance with section 490.’’; and
(4) by striking out ‘‘the appropriate customs of-
ficer’’ and ‘‘such customs officer’’ wherever they ap-
pear and inserting ‘‘the Customs Service’’.
SEC. 657. DECLARATIONS.
Section 485 (19 U.S.C. 1485) is amended—
(1) by amending subsection (a)—
(A) by inserting ‘‘or transmit electroni-
cally’’ after ‘‘file’’, and
(B) by inserting ‘‘and manner’’ after
‘‘form’’;
(2) by amending subsection (d)—
(A) by striking out ‘‘A importer’’ and in-
serting ‘‘An importer’’, and
(B) by striking out ‘‘a importer’’ and in-
serting ‘‘an importer’’; and
413
(3) by inserting after subsection (f) the follow-
ing new subsection:
‘‘(g) EXPORTED
MERCHANDISE
RETURNED
AS
UNDELIVERABLE.—With respect to any importation of
merchandise to which General Headnote 4(e) of the Har-
monized Tariff Schedule of the United States applies, any
person who gained any benefit from, or met any obligation
to, the United States as a result of the prior exportation
of such merchandise shall, in accordance with regulations
prescribed by the Secretary, within a reasonable time in-
form the Customs Service of the return of the merchan-
dise.’’.
SEC. 658. GENERAL ORDERS.
Section 490 (19 U.S.C. 1490) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) INCOMPLETE ENTRY.—
‘‘(1) Whenever—
‘‘(A) the entry of any imported merchan-
dise is not made within the time provided by
law or by regulation prescribed by the Sec-
retary;
‘‘(B) the entry of imported merchandise is
incomplete because of failure to pay the esti-
mated duties, fees, or interest;
414
‘‘(C) in the opinion of the Customs Serv-
ice, the entry of imported merchandise cannot
be made for want of proper documents or other
cause; or
‘‘(D) the Customs Service believes that any
merchandise is not correctly and legally
invoiced;
the carrier (unless subject to subsection (c)) shall
notify the bonded warehouse of such unentered mer-
chandise.
‘‘(2) After notification under paragraph (1), the
bonded warehouse shall arrange for the transpor-
tation and storage of the merchandise at the risk
and expense of the consignee. The merchandise shall
remain in the bonded warehouse until—
‘‘(A) entry is made or completed and the
proper documents are produced;
‘‘(B) the information and data necessary
for entry are transmitted to the Customs Serv-
ice pursuant to an authorized electronic data
interchange system; or
‘‘(C) a bond is given for the production of
documents or the transmittal of data.’’;
(2) by amending subsection (b)—
415
(A) by amending the heading for sub-
section (b) to read as follows:
‘‘(b) REQUEST FOR POSSESSION BY CUSTOMS.—’’,
and
(B) by striking out ‘‘appropriate customs
officer’’ and inserting ‘‘Customs Service’’; and
(3) by adding at the end the following new sub-
section:
‘‘(c) GOVERNMENT MERCHANDISE.—Any imported
merchandise that—
‘‘(1) is described in any of paragraphs (1)
through (4) of subsection (a); and
‘‘(2) is consigned to, or owned by, the United
States Government;
shall be stored and disposed of in accordance with such
rules and procedures as the Secretary shall by regulation
prescribe.’’.
SEC. 659. UNCLAIMED MERCHANDISE.
Section 491 (19 U.S.C. 1491) is amended—
(1) by amending subsection (a)—
(A) by striking out ‘‘customs custody for
one year’’ in the first sentence and inserting ‘‘in
a bonded warehouse pursuant to section 490 for
6 months’’,
416
(B) by striking out ‘‘public store or bonded
warehouse for a period of one year’’ in the sec-
ond sentence and inserting ‘‘pursuant to section
490 in a bonded warehouse for 6 months’’,
(C) by striking out ‘‘estimated duties and
storage’’ in the first sentence and inserting ‘‘es-
timated duties, taxes, fees, interest, storage,’’,
(D) by inserting ‘‘taxes, fees, interest,’’
after ‘‘duties,’’ wherever it appears, and
(E) by striking out ‘‘duties’’ in the last
sentence and inserting ‘‘duties, taxes, interest,
and fees’’; and
(2) by redesignating subsection (b) as sub-
section (e) and inserting after subsection (a) the fol-
lowing new subsections:
‘‘(b) NOTICE OF TITLE VESTING IN THE UNITED
STATES.—At the end of the 6-month period referred to
in subsection (a), the Customs Service may, in lieu of sale
of the merchandise, provide notice to all known interested
parties that the title to such merchandise shall be consid-
ered to vest in the United States free and clear of any
liens or encumbrances, on the 30th day after the date of
the notice unless, before such 30th day—
‘‘(1) the subject merchandise is entered or with-
drawn for consumption; and
417
‘‘(2) payment is made of all duties, taxes, fees,
transfer and storage charges, and other expenses
that may have accrued thereon.
‘‘(c) RETENTION, TRANSFER, DESTRUCTION, OR
OTHER DISPOSITION.—If title to any merchandise vests
in the United States by operation of subsection (b), such
merchandise may be retained by the Customs Service for
official use, transferred to any other Federal agency or
to any State or local agency, destroyed, or otherwise dis-
posed of in accordance with such regulations as the Sec-
retary shall prescribe. All transfer and storage charges or
expenses accruing on retained or transferred merchandise
shall be paid by the receiving agency.
‘‘(d) PETITION.—Whenever any party, having lost a
substantial interest in merchandise by virtue of title vest-
ing in the United States under subsection (b), can estab-
lish such title or interest to the satisfaction of the Sec-
retary within 30 days after the day on which title vests
in the United States under subsection (b), or can establish
to the satisfaction of the Secretary that the party did not
receive notice under subsection (b), the Secretary may,
upon receipt of a timely and proper petition and upon
finding that the facts and circumstances warrant, pay
such party out of the Treasury of the United States the
amount the Secretary believes the party would have re-
418
ceived under section 493 had the merchandise been sold
and a proper claim filed. The decision of the Secretary
with respect to any such petition is final and conclusive
on all parties.’’; and
(3) by amending subsection (e) (as so redesig-
nated) by striking out ‘‘appropriate customs officer’’
in paragraph (3) and inserting ‘‘Customs Service’’.
SEC. 660. DESTRUCTION OF MERCHANDISE.
Section 492 (19 U.S.C. 1492) is amended—
(1) by inserting ‘‘, retained for official use, or
otherwise disposed of’’ after ‘‘destroyed’’; and
(2) by striking out ‘‘appropriate customs offi-
cer’’ and inserting ‘‘Customs Service’’.
SEC. 661. PROCEEDS OF SALE.
Section 493 (19 U.S.C. 1493) is amended—
(1) by inserting ‘‘taxes, and fees,’’ after ‘‘du-
ties,’’;
(2) by striking out ‘‘by the appropriate customs
officer’’; and
(3) by striking out ‘‘such customs officer’’ and
inserting ‘‘the Customs Service’’.
SEC. 662. ENTRY UNDER REGULATIONS.
Section 498(a) (19 U.S.C. 1498(a)) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
419
‘‘(1) Merchandise, when—
‘‘(A) the aggregate value of the shipment
does not exceed an amount specified by the Sec-
retary by regulation, but not more than $2,500;
or
‘‘(B) different commercial facilitation and
risk considerations that may vary for different
classes or kinds of merchandise or different
classes of transactions may dictate;’’; and
(2) by striking out ‘‘$10,000’’ in paragraph (2)
and inserting ‘‘such amounts as the Secretary may
prescribe’’.
SEC. 663. AMERICAN TRADEMARKS.
Section 526(e)(3) (19 U.S.C. 1526(e)(3)) is amend-
ed—
(1) by striking out ‘‘1 year’’ and inserting ‘‘90
days’’; and
(2) by striking out ‘‘appropriate customs offi-
cers’’ and inserting ‘‘the Customs Service’’.
SEC. 664. SIMPLIFIED RECORDKEEPING FOR MERCHAN-
DISE TRANSPORTED BY PIPELINE.
Part IV of title IV is amended by inserting after sec-
tion 553 the following new section:
420
‘‘SEC. 553A. RECORDKEEPING FOR MERCHANDISE TRANS-
PORTED BY PIPELINE.
‘‘Merchandise in Customs custody that is transported
by pipeline may be accounted for on a quantitative basis,
based on the bill of lading, or equivalent document of re-
ceipt, issued by the pipeline carrier. Unless the Customs
Service has reasonable cause to suspect fraud, the Cus-
toms Service may accept the bill of lading, or equivalent
document of receipt, issued by the pipeline carrier to the
shipper and accepted by the consignee to maintain iden-
tity. The shipper, pipeline operator, and consignee shall
be subject to the recordkeeping requirements of sections
508 and 509.’’.
SEC. 665. ENTRY FOR WAREHOUSE.
Section 557(a) (19 U.S.C. 1557(a)) is amended—
(1) by designating the first 2 sentences of such
subsection as paragraph (1);
(2) by striking out in such paragraph (1) (as so
designated) ‘‘: Provided, That the total period of
time for which such merchandise may remain in
bonded warehouse shall not exceed 5 years from the
date of importation.’’ and inserting the following: ‘‘;
except that—
‘‘(A) the total period of time for which such
merchandise may remain in bonded warehouse shall
not exceed 5 years from the date of importation; and
421
‘‘(B) turbine fuel may be withdrawn for use
under section 309 without the payment of duty if an
amount equal to the quantity of fuel withdrawn is
shown to be used within 30 days after the day of
withdrawal, but duties (together with interest pay-
able from the date of the withdrawal at the rate of
interest established under section 6621 of title 26,
United States Code) shall be deposited by the 40th
day after the day of withdrawal on fuel that was
withdrawn in excess of the quantity shown to have
been so used during such 30-day period.’’; and
(3) by designating the remaining sentences of
such subsection as paragraph (2).
SEC. 666. CARTAGE.
The first sentence of section 565 (19 U.S.C. 1565)
is amended to read as follows: ‘‘The cartage of merchan-
dise entered for warehouse shall be done by—
‘‘(1) cartmen appointed and licensed by the
Customs Service; or
‘‘(2) carriers designated under section 551 to
carry bonded merchandise;
who shall give bond, in a penal sum to be fixed by the
Customs Service, for the protection of the Government
against any loss of, or damage to, the merchandise while
being so carted.’’.
422
SEC. 667. SEIZURE.
Section 612 (19 U.S.C. 1612) is amended—
(1) by amending subsection (a)—
(A) by striking out ‘‘the appropriate cus-
toms officer’’, ‘‘such officer’’ and ‘‘the customs
officer’’ wherever they appear and inserting
‘‘the Customs Service’’, and
(B) by striking out ‘‘the appraiser’s return
and his’’ and inserting ‘‘its’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) If the Customs Service determines that the ex-
pense of keeping the vessel, vehicle, aircraft, merchandise,
or baggage is disproportionate to the value thereof, the
Customs Service may promptly order the destruction or
other appropriate disposition of such property under regu-
lations prescribed by the Secretary. No customs officer
shall be liable for the destruction or other disposition of
property made pursuant to this section.’’.
SEC. 668. LIMITATION ON ACTIONS.
Section 621 (19 U.S.C. 1621) is amended—
(1) by inserting ‘‘any duty under section
592(d), 593A(d), or’’ before ‘‘any pecuniary pen-
alty’’; and
423
(2) by striking out ‘‘discovered:’’ and all that
follows 
thereafter 
and 
inserting 
the 
follow-
ing: ‘‘discovered; except that—
‘‘(1) in the case of an alleged violation of sec-
tion 592 or 593A, no suit or action (including a suit
or action for restoration of lawful duties under sub-
section (d) of such sections) may be instituted unless
commenced within 5 years after the date of the al-
leged violation or, if such violation arises out of
fraud, within 5 years after the date of discovery of
fraud, and
‘‘(2) the time of the absence from the United
States of the person subject to the penalty or forfeit-
ure, or of any concealment or absence of the prop-
erty, shall not be reckoned within the 5-year period
of limitation.’’.
SEC. 669. COLLECTION OF FEES ON BEHALF OF OTHER
AGENCIES.
The Tariff Act of 1930 is amended by inserting after
section 528 the following new section:
‘‘SEC. 529. COLLECTION OF FEES ON BEHALF OF OTHER
AGENCIES.
‘‘The Customs Service shall be reimbursed from the
fees collected for the cost and expense, administrative and
424
otherwise, incurred in collecting any fees on behalf of any
government agency for any reason.’’.
SEC. 670. AUTHORITY TO SETTLE CLAIMS.
The Tariff Act of 1930 is amended by inserting after
section 629 the following new section:
‘‘SEC. 630. AUTHORITY TO SETTLE CLAIMS.
‘‘(a) IN GENERAL.—With respect to a claim that can-
not be settled under chapter 171 of title 28, United States
Code, the Secretary may settle, for not more than $50,000
in any one case, a claim for damage to, or loss of, privately
owned property caused by an investigative or law enforce-
ment officer (as defined in section 2680(h) of title 28,
United States Code) who is employed by the Customs
Service and acting within the scope of his or her employ-
ment.
‘‘(b) LIMITATIONS.—The Secretary may not pay a
claim under subsection (a) that—
‘‘(1) concerns commercial property;
‘‘(2) is presented to the Secretary more than 1
year after it occurs; or
‘‘(3) is presented by an officer or employee of
the United States Government and arose within the
scope of employment.
425
‘‘(c) FINAL SETTLEMENT.—A claim may be paid
under this section only if the claimant accepts the amount
of settlement in complete satisfaction of the claim.’’.
SEC. 671. USE OF PRIVATE COLLECTION AGENCIES.
The Tariff Act of 1930 is amended by inserting after
section 630 the following new section:
‘‘SEC. 631. USE OF PRIVATE COLLECTION AGENCIES.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Secretary, under such terms and condi-
tions as the Secretary considers appropriate, shall enter
into contracts and incur obligations with one or more per-
sons for collection services to recover indebtedness arising
under the customs laws and owed the United States Gov-
ernment, but only after the Customs Service has ex-
hausted all administrative efforts, including all claims
against applicable surety bonds, to collect the indebted-
ness.
‘‘(b) CONTRACT REQUIREMENTS.—Any contract en-
tered into under subsection (a) shall provide that—
‘‘(1) the Secretary retains the authority to re-
solve a dispute, compromise a claim, end collection
action, and refer a matter to the Attorney General
to bring a civil action; and
‘‘(2) the person is subject to—
426
‘‘(A) section 552a of title 5, United States
Code, to the extent provided in subsection (m)
of such section; and
‘‘(B) laws and regulations of the United
States Government and State governments re-
lated to debt collection practices.’’.
Subtitle D—Miscellaneous Provi-
sions and Consequential and
Conforming 
Amendments 
to
Other Laws
SEC. 681. AMENDMENTS TO THE HARMONIZED TARIFF
SCHEDULE.
(a) RETURN SHIPMENTS.—General Note 4 of the
Harmonized Tariff Schedule of the United States is
amended—
(1) by striking out ‘‘and’’ at the end of subdivi-
sion (c);
(2) by inserting ‘‘and’’ after ‘‘1930,’’ in subdivi-
sion (d);
(3) by inserting after subdivision (d) the
following:
‘‘(e) articles exported from the United States
which are returned within 45 days after such expor-
tation from the United States as undeliverable and
427
which have not left the custody of the carrier or for-
eign customs service,’’; and
(4) by adding at the end the following new sen-
tence: ‘‘No exportation referred to in subdivision (e)
may be treated as satisfying any requirement for ex-
portation in order to receive a benefit from, or meet
an obligation to, the United States as a result of
such exportation.’’.
(b) ENTRY NOT REQUIRED FOR LOCOMOTIVES AND
RAILWAY FREIGHT CARS.—
(1) The Notes to chapter 86 of such Schedule
are amended by inserting after note 3 the following
new note:
‘‘4. Railway locomotives (provided for in headings 8601
and 8602) and railway freight cars (provided for in head-
ing 8606) on which no duty is owed are not subject to
the entry or release requirements for imported merchan-
dise set forth in sections 448 and 484 of the Tariff Act
of 1930. The Secretary of the Treasury may by regulation
establish appropriate reporting requirements, including
the requirement that a bond be posted to ensure compli-
ance.’’.
(2) The U.S. Notes to subchapter V of chapter
99 of such Schedule are amended by inserting after
note 8 the following new note:
428
‘‘9. Railway freight cars provided for in subheadings
9905.86.05 and 9905.86.10 are not subject to the entry
or release requirements for imported merchandise set
forth in sections 448 and 484 of the Tariff Act of 1930.
The Secretary of the Treasury may by regulation establish
appropriate reporting requirements, including the require-
ment that a bond be posted to ensure compliance.’’.
(c) INSTRUMENTS OF INTERNATIONAL TRAFFIC.—
The U.S. Notes to subchapter III of chapter 98 of such
Schedule is amended by inserting after note 3 the follow-
ing new note:
‘‘4. Instruments of international traffic, such as contain-
ers, lift vans, rail cars and locomotives, truck cabs and
trailers, etc. are exempt from formal entry procedures but
are required to be accounted for when imported and ex-
ported into and out of the United States, respectively,
through the manifesting procedures required for all inter-
national carriers by the United States Customs Service.
Fees associated with the importation of such instruments
of international traffic shall be reported and paid on a
periodic basis as required by regulations issued by the Sec-
retary of the Treasury and in accordance with 1956 Cus-
toms Convention on Containers (20 UST 30; TIAS
6634).’’.
429
SEC. 682. CUSTOMS PERSONNEL AIRPORT WORK SHIFT
REGULATION.
Section 13031(g) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(g)) is
amended—
(1) by striking out ‘‘In addition to the regula-
tions required under paragraph (2), the’’ and insert-
ing ‘‘The’’;
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2).
SEC. 683. USE OF HARBOR MAINTENANCE TRUST FUND
AMOUNTS FOR ADMINISTRATIVE EXPENSES.
(a) IN GENERAL.—Paragraph (3) of section 9505(c)
of the Internal Revenue Code of 1986 (relating to expendi-
tures from Harbor Maintenance Trust Fund) is amended
to read as follows:
‘‘(3) for the payment of all expenses of adminis-
tration incurred by the Department of the Treasury,
the Army Corps of Engineers, and the Department
of Commerce related to the administration of sub-
chapter A of chapter 36 (relating to harbor mainte-
nance tax), but not in excess of $5,000,000 for any
fiscal year.’’.
430
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to fiscal years beginning after
the date of the enactment of this Act.
SEC. 684. AMENDMENTS TO TITLE 28, UNITED STATES
CODE.
(a) AMENDMENTS RELATING TO ACCREDITATION OF
PRIVATE LABORATORIES.—Title 28 of the United States
Code is amended as follows:
(1) Section 1581(g) is amended by—
(A) striking out ‘‘and’’ at the end of para-
graph (1);
(B) by striking out the period at the end
of paragraph (2) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) any decision or order of the Customs Serv-
ice to deny, suspend, or revoke accreditation of a
private laboratory under section 499(b) of the Tariff
Act of 1930.’’.
(2) Section 2631(g) is amended by inserting at
the end the following new paragraph:
‘‘(3) A civil action to review any decision or order
of the Customs Service to deny, suspend, or revoke accred-
itation of a private laboratory under section 499(b) of the
Tariff Act of 1930 may be commenced in the Court of
431
International Trade by the person whose accreditation was
denied, suspended, or revoked.’’.
(3) Section 2636 is amended—
(A) by redesignating subsection (h) as sub-
section (i); and
(B) by inserting after subsection (g) the
following new subsection:
‘‘(h) A civil action contesting the denial, suspension,
or revocation by the Customs Service of a private labora-
tory’s accreditation under section 499(b) of the Tariff Act
of 1930 is barred unless commenced in accordance with
the rules of the Court of International Trade within 60
days after the date of the decision or order of the Customs
Service.’’.
(4) Section 2640 is amended—
(A) by redesignating subsection (d) as sub-
section (e); and
(B) by inserting after subsection (c) the
following new subsection:
‘‘(d) In any civil action commenced to review any
order or decision of the Customs Service under section
499(b) of the Tariff Act of 1930, the court shall review
the action on the basis of the record before the Customs
Service at the time of issuing such decision or order.’’.
432
(5) Section 2642 is amended by inserting before
the period the following: ‘‘or laboratories accredited
by the Customs Service under section 499(b) of the
Tariff Act of 1930’’.
(b) APPLICATION
OF
SUBSECTION
(a) AMEND-
MENTS.—For purposes of applying the amendments made
by subsection (a), any decision or order of the Customs
Service denying, suspending, or revoking the accreditation
of a private laboratory on or after the date of the enact-
ment of this Act and before regulations to implement sec-
tion 499(b) of the Tariff Act of 1930 are issued shall be
treated as having been denied, suspended, or revoked
under such section 499(b).
(c) JURISDICTION OF COURT.—Section 1582(1) of
title 28, United States Code, is amended by inserting
‘‘593A,’’ after ‘‘592,’’.
(d) FILING
OF
OFFICIAL
DOCUMENTS.—Section
2635(a) of title 28, United States Code, is amended to
read as follows:
‘‘(a) In any action commenced in the Court of Inter-
national Trade contesting the denial of a protest under
section 515 of the Tariff Act of 1930 or the denial of a
petition under section 516 of such Act, the Customs Serv-
ice, as prescribed by the rules of the court, shall file with
the clerk of the court, as part of the official record, any
433
document, paper, information or data relating to the entry
of merchandise and the administrative determination that
is the subject of the protest or petition.’’.
SEC. 685. TREASURY FORFEITURE FUND.
Section 9703 of title 31, United States Code (as
added by Public Law 102–393), is amended—
(1) by redesignating subparagraphs (E), (F),
(G), (H), and (I) of subsection (a)(2) as subpara-
graphs (F), (G), (H), (I), and (J), respectively;
(2) by inserting after subparagraph (D) of sub-
section (a)(2) the following new subparagraph:
‘‘(E) the payment of claims against em-
ployees of the Customs Service settled by the
Secretary under section 630 of the Tariff Act
of 1930;’’; and
(3) by striking out ‘‘shall’’ the first place it ap-
pears in subsection (e) and inserting ‘‘may’’.
SEC. 686. AMENDMENTS TO THE REVISED STATUTES OF
THE UNITED STATES.
(a) TECHNICAL AMENDMENTS.—The Revised Stat-
utes of the United States are amended as follows:
(1) Section 2793 (19 U.S.C. 288, 46 U.S.C.
App. 111, 123) is amended—
(A) by striking out ‘‘Enrolled or licensed
vessels engaged in the foreign and coasting
434
trade on the northern, northeastern, and north-
western frontiers of the United States,’’ and in-
serting ‘‘Documented vessels with a coastwise,
Great Lakes endorsement,’’; and
(B) by striking out the first semicolon and
all the text that follows thereafter and inserting
a period.
(2) Section 3126 (19 U.S.C. 293) is amended—
(A) by striking out ‘‘Any vessel, on being
duly registered in pursuance of the laws of the
United States,’’ and inserting ‘‘Any United
States documented vessel with a registry or
coastwise endorsement, or both’’ and
(B) by striking out all the text occurring
after the first sentence.
(3) Section 3127 (19 U.S.C. 294) is amended
by striking out ‘‘in registered vessels’’ and inserting
‘‘a United States documented vessel with a registry
or coastwise endorsement, or both,’’.
(4) Section 4136 (46 U.S.C. App. 14) is
amended by striking out—
(A) ‘‘The Secretary of Commerce may
issue a register or enrollment’’ and inserting
‘‘The Secretary of Transportation may issue a
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certificate of documentation with a coastwise
endorsement’’; and
(B) ‘‘Secretary of Commerce,’’ and insert-
ing ‘‘Secretary of Transportation,’’.
(5) Section 4336 (46 U.S.C. App. 277) is
amended—
(A) by striking out ‘‘register or enrollment
or license of any vessel’’ and inserting ‘‘certifi-
cate of documentation of any documented ves-
sel’’; and
(B) by striking out ‘‘Secretary of the
Treasury is not required to have its register or
enrollment or license’’ and inserting ‘‘Secretary
of Transportation is not required to have its
certificate of documentation’’.
(b) CLEARANCE REQUIREMENTS.—Section 4197 of
such Revised Statutes (46 U.S.C. App. 91) is amended
to read as follows:
‘‘SEC. 4197. CLEARANCE; VESSELS.
‘‘(a) WHEN REQUIRED; VESSELS OF THE UNITED
STATES.—Except as otherwise provided by law, any vessel
of the United States shall obtain clearance from the Cus-
toms Service before proceeding from a port or place in
the United States—
‘‘(1) for a foreign port or place;
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‘‘(2) for another port or place in the United
States if the vessel has on board bonded merchan-
dise or foreign merchandise for which entry has not
been made; or
‘‘(3) outside the territorial sea to visit a hover-
ing vessel or to receive merchandise while outside
the territorial sea.
‘‘(b) WHEN REQUIRED; OTHER VESSELS.—Except
as otherwise provided by law, any vessel that is not a ves-
sel of the United States shall obtain clearance from the
Customs Service before proceeding from a port or place
in the United States—
‘‘(1) for a foreign port or place;
‘‘(2) for another port or place in the United
States; or
‘‘(3) outside the territorial sea to visit a hover-
ing vessel or to receive or deliver merchandise while
outside the territorial sea.
‘‘(c) REGULATIONS.—The Secretary of the Treasury
may by regulation—
‘‘(1) prescribe the manner in which clearance
under this section is to be obtained, including the
documents, data or information which shall be sub-
mitted or transmitted, pursuant to an authorized
data interchange system, to obtain the clearance;
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‘‘(2) permit the Customs Service to grant clear-
ance for a vessel under this section before all re-
quirements for clearance are complied with, but only
if the owner or operator of the vessel files a bond
in an amount set by the Secretary of the Treasury
conditioned upon the compliance by the owner or op-
erator with all specified requirements for clearance
within a time period (not exceeding 4 business days)
established by the Secretary of the Treasury; and
‘‘(3) authorize the Customs Service to permit
clearance of any vessel to be obtained at a place
other than a designated port of entry, under such
conditions as he may prescribe.’’.
SEC. 687. AMENDMENTS TO TITLE 18, UNITED STATES
CODE.
Section 965(a) of title 18, United States Code, is
amended—
(1) by striking out ‘‘sections 91, 92, and 94 of
Title 46’’ and inserting ‘‘section 431 of the Tariff
Act of 1930 (19 U.S.C. 1431) and section 4197 of
the Revised Statutes of the United States (46
U.S.C. App. 91),’’;
(2) by striking out ‘‘the collector of customs for
the district wherein such vessel is then located’’ and
inserting ‘‘the Customs Service’’; and
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(3) by striking out ‘‘the collector like’’ and in-
serting in lieu thereof ‘‘the Customs Service like’’.
SEC. 688. AMENDMENT TO THE ACT TO PREVENT POLLU-
TION FROM SHIPS.
Section 9(e) of the Act to Prevent Pollution from
Ships (94 Stat. 2301, 33 U.S.C. 1908(e)) is amended by
striking out ‘‘shall refuse or revoke’’ and all of the text
following thereafter and inserting ‘‘shall refuse or revoke
the clearance required by section 4197 of the Revised
Statutes of the United States (46 U.S.C. App. 91). Clear-
ance may be granted upon the filing of a bond or other
surety satisfactory to the Secretary.’’.
SEC. 689. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) ACT OF OCTOBER 3, 1913.—The Act of October
3, 1913, is amended—
(1) in section IV, J, subsection 1 (19 U.S.C.
128) by striking out ‘‘registered as a vessel of the
United States,’’ and inserting ‘‘documented under
chapter 121 of title 46, United States Code,’’; and
(2) in section IV, J, subsection 3 (19 U.S.C.
131)—
(A) by striking out ‘‘vessels of the United
States’’ and inserting ‘‘United States docu-
mented vessels’’; and
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(B) by striking out ‘‘registered as a vessel
of the United States.’’ and inserting ‘‘docu-
mented under chapter 121 of title 46, United
States Code.’’.
(b) ACT OF AUGUST 5, 1935.—Section 4 of the Act
of August 5, 1935 (19 U.S.C. 1704) is amended—
(1) by striking out ‘‘whenever the collector of
customs of the district in which any vessel is, or is
sought to be, registered, enrolled, licensed, or num-
bered,’’ and inserting ‘‘when the Secretary of Trans-
portation’’;
(2) by striking out ‘‘such collector’’ and insert-
ing ‘‘the Secretary of Transportation’’;
(3) by striking out ‘‘said collector shall revoke
the registry, enrollment, license, or number of such
vessel’’ and inserting ‘‘the Secretary of Transpor-
tation shall revoke any endorsement on the vessel’s
certificate of documentation or number (when the
Secretary is the authority issuing the number under
chapter 123 of title 46, United States Code)’’; and
(4) by striking out ‘‘Such collector and all per-
sons’’ and inserting ‘‘The Secretary of Transpor-
tation and all persons’’.
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(c) ACT OF NOVEMBER 6, 1966.—Sections 2(e) and
3(e) of the Act of November 6, 1966 (46 U.S.C. App.
817d(e) and 817e(e)) are each amended—
(1) by striking out ‘‘The collector of customs
at’’ and inserting ‘‘At’’; and
(2) by inserting ‘‘, the Customs Service’’ after
‘‘subsection (a) of this section’’.
SEC. 690. REPEAL OF OBSOLETE PROVISIONS OF LAW.
(a) REVISED STATUTES.—The following provisions of
the Revised Statutes of the United States are repealed:
(1) So much of section 2792 as is codified at
19 U.S.C. 289 and 46 U.S.C. App. 110 and 112 (as
in effect on the date of the enactment of this Act).
(2) Section 3111 (19 U.S.C. 282).
(3) Section 3118 (19 U.S.C. 286).
(4) Section 3119 (19 U.S.C. 287).
(5) Section 3122 (19 U.S.C. 290).
(6) Section 3124 (19 U.S.C. 291).
(7) Section 3125 (19 U.S.C. 292).
(8) Section 4198 (46 U.S.C. App. 94).
(9) Section 4199 (46 U.S.C. App. 93).
(10) Section 4201 (46 U.S.C. App. 96).
(11) Section 4207.
(12) Section 4208 (46 U.S.C. App. 102).
(13) Section 4213 (46 U.S.C. App. 101).
441
(14) So much of section 4221 as is codified at
46 U.S.C. App. 113 (as in effect on the date of the
enactment of this Act).
(15) Section 4222 (46 U.S.C. App. 126).
(16) Sections 4306, 4307, and 4308 (46 U.S.C.
App. 351 through 353).
(17) Section 4332 (46 U.S.C. App. 274).
(18) Section 4348 (46 U.S.C. App. 293).
(19) Section 4358 (46 U.S.C. App. 306).
(20) Section 4361 (46 U.S.C. App. 307).
(21) Sections 4362 through 4369 (46 U.S.C.
App. 308 through 315).
(22) Sections 4573 through 4576 (46 U.S.C.
App. 674 through 677).
(b) TARIFF ACT OF 1930.—The following sections of
the Tariff Act of 1930 are repealed:
(1) Section 432 (19 U.S.C. 1432).
(2) Section 435 (19 U.S.C. 1435).
(3) Section 437 (19 U.S.C. 1437).
(4) Section 439 (19 U.S.C. 1439).
(5) Section 440 (19 U.S.C. 1440).
(6) Sections 443, 444, and 445 (19 U.S.C.
1443, 1444, and 1445).
(7) Section 465 (19 U.S.C. 1465).
(8) Section 482 (19 U.S.C. 1482).
442
(9) Section 583 (19 U.S.C. 1583).
(10) Section 585 (19 U.S.C. 1585).
(c) MISCELLANEOUS PROVISIONS.—The following
provisions are repealed:
(1) Section 1 of the Act of February 10, 1900
(46 U.S.C. App. 131).
(2) Section 2 of the Act of April 29, 1908 (46
U.S.C. App. 127).
(3) Section 1 of the Act of July 1, 1916 (46
U.S.C. App. 130).
(4) Sections 1 and 2 of the Act of July 3, 1926
(46 U.S.C. App. 293a and 293b).
(5) The last undesignated paragraph of section
201 of the Act of August 5, 1935 (19 U.S.C.
1432a), is repealed.
(6) The Act of June 16, 1937 (19 U.S.C.
1435b).
(7) The Act of May 4, 1934 (46 U.S.C. App.
91a).
(8) Section 1403(b) of the Water Resources De-
velopment Act of 1986 (Public Law 99–662; 26
U.S.C. 4461 note).
SEC. 691. REPORTS TO CONGRESS.
(a) ANTIDUMPING
AND
COUNTERVAILING
DUTY
COLLECTIONS.—The Commissioner of Customs shall be-
443
fore the 60th day of each fiscal year after fiscal year 1994
submit to Congress a report regarding the collection dur-
ing the preceding fiscal year of duties imposed under the
antidumping and countervailing duty laws.
(b) CES FEE REPORT.—
(1) AMENDMENT.—Section 9501(c) of the Om-
nibus Budget Reconciliation Act of 1987 (19 U.S.C.
3 note) is amended by adding at the end the follow-
ing new paragraph:
‘‘(3) The Commissioner of Customs is author-
ized to obtain from the operators of centralized
cargo examination stations information regarding
the fees paid to them for the provision of services at
these stations.’’.
(2) REPORT.—Within 9 months after the date
of the enactment of this subsection, the Commis-
sioner of Customs shall submit to the Committees
referred to in section 9501(c) of the Omnibus Budg-
et Reconciliation Act of 1987, a report setting
forth—
(A) an estimate of the aggregate amount
of fees paid to operators of centralized cargo
examination stations during fiscal year 1993;
and
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(B) the variations, if any, among customs
districts with respect to the amounts of the fees
charged for centralized cargo examination sta-
tion services.
(c) COMPLIANCE WITH CUSTOMS LAWS.—Section
123 of the Customs and Trade Act of 1990 (19 U.S.C.
2083) is amended—
(1) by redesignating subsection (d) as sub-
section (e), and
(2) by inserting after subsection (c) the follow-
ing:
‘‘(d) COMPLIANCE PROGRAM.—The Commissioner of
Customs shall—
‘‘(1) devise and implement a methodology for
estimating the level of compliance with the laws ad-
ministered by the Customs Service; and
‘‘(2) include as an additional part of the report
required to be submitted under subsection (a) for
each of fiscal years 1994, 1995, and 1996, an eval-
uation of the extent to which such compliance was
obtained during the 12-month period preceding the
60th day before each such fiscal year.’’.
(d) COURIER SERVICES COMPLIANCE REPORT.—The
Commissioner of Customs shall initiate a compliance re-
view of certain courier services which may not be eligible
445
for benefits under the regulations of the Customs Service
prescribed in part 128 of title 19 of the Code of Federal
Regulations and shall submit a report to Congress on the
results of such review within 1 year after the date of the
enactment of this Act.
SEC. 692. EFFECTIVE DATE.
This title takes effect on the date of the enactment
of this Act.
Passed the House of Representatives November 17,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
By DALLAS L. DENDY, JR.,
Assistant to the Clerk.
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