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 mini-
mis 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Import Security and 
Fairness Act’’. 
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‘‘(1) IN GENERAL.—The following articles may 
not be admitted free of duty or tax under the au-
thority provided by subsection (a)(2)(C): 
‘‘(A) An article the country of origin of 
which— 
‘‘(i) is a nonmarket economy country 
(as such term is defined in section 
771(18)); and 
‘‘(ii) is a country included in the pri-
ority watch list (as such term is defined in 
section 182(g)(3) of the Trade Act of 1974 
(19 U.S.C. 2242(g)(3))). 
‘‘(B) An article that is subject to an action 
authorized under section 301(c) of the Trade 
Act of 1974 (19 U.S.C. 2411(c)) or section 
232(c) of the Trade Expansion Act of 1962 (19 
U.S.C. 1862(c)). 
‘‘(2) OTHER
EXCEPTIONS.—The Secretary’’; 
and 
(3) by adding at the end the following: 
‘‘(c) DEFINITION.—In subsection (a)(2), the term 
‘distribution or processing facility’ means a facility used 
primarily for the storage of articles that are intended for 
subsequent shipment.’’. 
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SEC. 3. ADDITIONAL ADMINISTRATIVE PROVISIONS RELAT-
ING TO DE MINIMIS TREATMENT UNDER THE 
TARIFF ACT OF 1930. 
(a) ADMINISTRATIVE EXEMPTIONS.—Section 321 of 
the Tariff Act of 1930 (19 U.S.C. 1321), as amended by 
section 2, is further amended by adding at the end the 
following: 
‘‘(c) SUBMISSION OF DOCUMENTATION AND INFOR-
MATION.— 
‘‘(1) IN GENERAL.—For any articles that may 
qualify for an administrative exemption pursuant to 
subsection (a)(2), the Secretary of the Treasury is 
authorized to prescribe regulations to authorize or 
require the submission, transmission, or otherwise 
making available of such documentation or informa-
tion to U.S. Customs and Border Protection as the 
Secretary determines is reasonably necessary for 
U.S. Customs and Border Protection to determine 
the eligibility of such articles to qualify for such ex-
emption. 
‘‘(2) MATTERS TO BE INCLUDED.—The regula-
tions prescribed pursuant to paragraph (1) may pro-
vide that such documentation or information include 
documentation or information regarding the offer for 
sale or purchase, or the subsequent sale, purchase, 
transportation, importation or warehousing of such 
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articles, including such documentation or informa-
tion relating to the offering of such articles for sale 
or purchase in the United States through a commer-
cial or marketing platform, including an electronic 
commercial or marketing platform.
‘‘(3) VERACITY OF DOCUMENTATION AND IN-
FORMATION.— 
‘‘(A) IN GENERAL.—The regulations pre-
scribed pursuant to paragraph (1) shall provide 
that— 
‘‘(i) such documentation or informa-
tion is true and correct to the best of the 
knowledge and belief of the party submit-
ting, transmitting, or otherwise making 
available such documentation or informa-
tion, subject to any penalties authorized by 
law; or 
‘‘(ii)
if such party is not able to rea-
sonably verify whether such documentation 
or information is true and correct to the 
best of the knowledge and belief of the 
party, such documentation or information 
may be submitted, transmitted, or other-
wise made available on the basis of what 
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the party reasonably believes to be true 
and correct. 
‘‘(B) USE FOR ANY LAWFUL PURPOSE.— 
Such documentation or information may be 
used by U.S. Customs and Border Protection 
for any lawful purpose. 
‘‘(4) CIVIL PENALTIES.—Any person who vio-
lates the regulations prescribed pursuant to para-
graph (1) 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 paragraph is 
in addition to any other penalty provided by law. 
‘‘(d) IMPORTATIONS
INVOLVING
SUSPENDED
OR 
DEBARRED PERSONS.—The Secretary of the Treasury is 
authorized to prescribe regulations to authorize exceptions 
to any administrative exemption pursuant to subsection 
(a) for any articles the importation of which is caused or 
otherwise facilitated by any person suspended or debarred 
from doing business with the Federal Government at the 
time of the importation.’’. 
(b) 
EXAMINATION
OF
MERCHANDISE.—Section 
499(c) of the Tariff Act of 1930 (19 U.S.C. 1499(c)) is 
amended— 
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(1) by striking ‘‘the Customs Service’’ each 
place it appears and inserting ‘‘U.S. Customs and 
Border Protection’’; and 
(2) in paragraph (2)— 
(A) in the first sentence, by striking ‘‘The 
Customs Service’’ and inserting the following: 
‘‘(A) IN
GENERAL.—U.S. Customs and 
Border Protection’’; 
(B) in the second sentence— 
(i) by striking ‘‘The’’ and inserting 
the following: 
‘‘(B) INFORMATION
TO
BE
INCLUDED.— 
The’’; and 
(ii) by redesignating the subsequent 
subparagraphs (A), (B), (C), (D), and (E) 
as clauses (i), (ii), (iii), (iv), and (v), re-
spectively, and moving the margins of such 
clauses, as redesignated, 2 ems to the 
right; and 
(C) by adding at the end the following: 
‘‘(C) ADDITIONAL REQUIREMENTS RELAT-
ING TO MERCHANDISE THAT MAY QUALIFY FOR 
CERTAIN ADMINISTRATIVE EXEMPTIONS.— 
‘‘(i) IN GENERAL.—In the case of de-
tained merchandise that may qualify for an 
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administrative exemption pursuant to sec-
tion 321(a)(2)(C), U.S. Customs and Bor-
der Protection shall issue such notice to 
each party that U.S. Customs and Border 
Protections determines may have an inter-
est in the detained merchandise, based on 
information reasonably available to U.S. 
Customs and Border Protection, in such 
form and manner as the Secretary of the 
Treasury shall by regulation prescribe.
‘‘(ii) VOLUNTARY ABANDONMENT OF 
MERCHANDISE.—In the case of detained 
merchandise that may qualify for an ad-
ministrative exemption pursuant to section 
321(a)(2)(C), such notice shall also advise 
each such interested party that, in lieu of 
supplying information to U.S. Customs 
and Border Protection in accordance with 
subparagraph (B)(v), the interested parties 
may voluntarily abandon the detained mer-
chandise.
‘‘(iii) ABANDONMENT
DUE
TO
LACK 
OF RESPONSE.—If U.S. Customs and Bor-
der Protection does not receive a response 
from each interested party in detained 
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merchandise that may qualify for an ad-
ministrative exemption pursuant to section 
321(a)(2)(C) within 15 days of the date on 
which such notice is issued to the inter-
ested parties, the merchandise shall be 
deemed to be abandoned and title to such 
merchandise shall be vested in the United 
States and disposed of in accordance with 
law.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to articles entered, or withdrawn from warehouse 
for consumption, on or after the 15th day after the date 
of the enactment of this Act. 
Æ 
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