IB 
Union Calendar No. 80 
114TH CONGRESS 
1ST SESSION H. R. 1907 
[Report No. 114–114, Part I] 
To reauthorize trade facilitation and trade enforcement functions and 
activities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 21, 2015 
Mr. TIBERI introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committees on Homeland 
Security, Foreign Affairs, Financial Services, and the Judiciary, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
MAY 14, 2015 
Additional sponsors: Mr. BRADY of Texas and Mr. BOUSTANY 
MAY 14, 2015 
Reported from the Committee on Ways and Means with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 14, 2015 
The Committees on Homeland Security, Foreign Affairs, Financial Services, 
and the Judiciary discharged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 21, 2015] 
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A BILL 
To reauthorize trade facilitation and trade enforcement 
functions and activities, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Trade Facilitation and Trade Enforcement Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—TRADE FACILITATION AND TRADE ENFORCEMENT 
Sec. 101. Improving partnership programs. 
Sec. 102. Report on effectiveness of trade enforcement activities. 
Sec. 103. Priorities and performance standards for customs modernization, trade 
facilitation, and trade enforcement functions and programs. 
Sec. 104. Educational seminars to improve efforts to classify and appraise im-
ported articles, to improve trade enforcement efforts, and to oth-
erwise facilitate legitimate international trade. 
Sec. 105. Joint strategic plan. 
Sec. 106. Automated Commercial Environment. 
Sec. 107. International Trade Data System. 
Sec. 108. Consultations with respect to mutual recognition arrangements. 
Sec. 109. Commercial Customs Operations Advisory Committee. 
Sec. 110. Centers of Excellence and Expertise. 
Sec. 111. Commercial Targeting Division and National Targeting and Analysis 
Groups. 
Sec. 112. Report on oversight of revenue protection and enforcement measures. 
Sec. 113. Report on security and revenue measures with respect to merchandise 
transported in bond. 
Sec. 114. Importer of record program. 
Sec. 115. Establishment of new importer program. 
Sec. 116. Customs broker identification of importers. 
Sec. 117. Requirements applicable to non-resident importers. 
TITLE II—IMPORT HEALTH AND SAFETY 
Sec. 201. Interagency import safety working group. 
Sec. 202. Joint import safety rapid response plan. 
Sec. 203. Training. 
TITLE III—IMPORT-RELATED PROTECTION OF INTELLECTUAL 
PROPERTY RIGHTS 
Sec. 301. Definition of intellectual property rights. 
Sec. 302. Exchange of information related to trade enforcement. 
Sec. 303. Seizure of circumvention devices. 
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Sec. 304. Enforcement by U.S. Customs and Border Protection of works for which 
copyright registration is pending. 
Sec. 305. National Intellectual Property Rights Coordination Center. 
Sec. 306. Joint strategic plan for the enforcement of intellectual property rights. 
Sec. 307. Personnel dedicated to the enforcement of intellectual property rights. 
Sec. 308. Training with respect to the enforcement of intellectual property rights. 
Sec. 309. International cooperation and information sharing. 
Sec. 310. Report on intellectual property rights enforcement. 
Sec. 311. Information for travelers regarding violations of intellectual property 
rights. 
TITLE IV—PREVENTION OF EVASION OF ANTIDUMPING AND 
COUNTERVAILING DUTY ORDERS 
Sec. 401. Short title. 
Sec. 402. Definitions. 
Sec. 403. Application to Canada and Mexico. 
Subtitle A—Actions Relating to Enforcement of Trade Remedy Laws 
Sec. 411. Trade remedy law enforcement division. 
Sec. 412. Collection of information on evasion of trade remedy laws. 
Sec. 413. Access to information. 
Sec. 414. Cooperation with foreign countries on preventing evasion of trade rem-
edy laws. 
Sec. 415. Trade negotiating objectives. 
Subtitle B—Investigation of Evasion of Trade Remedy Laws 
Sec. 421. Procedures for investigation of evasion of antidumping and counter-
vailing duty orders. 
Sec. 422. Government Accountability Office report. 
Subtitle C—Other Matters 
Sec. 431. Allocation and training of personnel. 
Sec. 432. Annual report on prevention of evasion of antidumping and counter-
vailing duty orders. 
Sec. 433. Addressing circumvention by new shippers. 
TITLE V—ADDITIONAL ENFORCEMENT PROVISIONS 
Sec. 501. Trade enforcement priorities. 
Sec. 502. Exercise of WTO authorization to suspend concessions or other obliga-
tions under trade agreements. 
Sec. 503. Trade monitoring. 
TITLE VI—MISCELLANEOUS PROVISIONS 
Sec. 601. De minimis value. 
Sec. 602. Consultation on trade and customs revenue functions. 
Sec. 603. Penalties for customs brokers. 
Sec. 604. Amendments to chapter 98 of the Harmonized Tariff Schedule of the 
United States. 
Sec. 605. Exemption from duty of residue of bulk cargo contained in instruments 
of international traffic previously exported from the United 
States. 
Sec. 606. Drawback and refunds. 
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Sec. 607. Office of the United States Trade Representative. 
Sec. 608. United States-Israel Trade and Commercial Enhancement. 
Sec. 609. Elimination of consumptive demand exception to prohibition on impor-
tation of goods made with convict labor, forced labor, or inden-
tured labor; report. 
Sec. 610. Customs user fees. 
Sec. 611. Report on certain U.S. Customs and Border Protection agreements. 
Sec. 612. Certain interest to be included in distributions under Continued Dump-
ing and Subsidy Offset Act of 2000 . 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AUTOMATED COMMERCIAL ENVIRONMENT.— 
The term ‘‘Automated Commercial Environment’’ 
means the Automated Commercial Environment com-
puter system authorized under section 13031(f)(4) of 
the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(f)(4)). 
(2) COMMISSIONER.—The term ‘‘Commissioner’’ 
means the Commissioner responsible for U.S. Customs 
and Border Protection. 
(3) CUSTOMS AND TRADE LAWS OF THE UNITED 
STATES.—The term ‘‘customs and trade laws of the 
United States’’ includes the following: 
(A) The Tariff Act of 1930 (19 U.S.C. 1202 
et seq.). 
(B) Section 249 of the Revised Statutes (19 
U.S.C. 3). 
(C) Section 2 of the Act of March 4, 1923 
(42 Stat. 1453, chapter 251; 19 U.S.C. 6). 
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(D) The Act of March 3, 1927 (44 Stat. 
1381, chapter 348; 19 U.S.C. 2071 et seq.). 
(E) Section 13031 of the Consolidated Om-
nibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c). 
(F) Section 251 of the Revised Statutes (19 
U.S.C. 66). 
(G) Section 1 of the Act of June 26, 1930 
(46 Stat. 817, chapter 617; 19 U.S.C. 68). 
(H) The Foreign Trade Zones Act (19 
U.S.C. 81a et seq.). 
(I) Section 1 of the Act of March 2, 1911 
(36 Stat. 965, chapter 191; 19 U.S.C. 198). 
(J) The Trade Act of 1974 (19 U.S.C. 2102 
et seq.). 
(K) The Trade Agreements Act of 1979 (19 
U.S.C. 2501 et seq.). 
(L) The North American Free Trade Agree-
ment Implementation Act (19 U.S.C. 3301 et 
seq.). 
(M) The Uruguay Round Agreements Act 
(19 U.S.C. 3501 et seq.). 
(N) The Caribbean Basin Economic Recov-
ery Act (19 U.S.C. 2701 et seq.). 
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(O) The Andean Trade Preference Act (19 
U.S.C. 3201 et seq.). 
(P) The African Growth and Opportunity 
Act (19 U.S.C. 3701 et seq.). 
(Q) The Customs Enforcement Act of 1986 
(Public Law 99–570; 100 Stat. 3207–79). 
(R) The Customs and Trade Act of 1990 
(Public Law 101–382; 104 Stat. 629). 
(S) The Customs Procedural Reform and 
Simplification Act of 1978 (Public Law 95–410; 
92 Stat. 888). 
(T) The Trade Act of 2002 (Public Law 
107–210; 116 Stat. 933). 
(U) The Convention on Cultural Property 
Implementation Act (19 U.S.C. 2601 et seq.). 
(V) The Act of March 28, 1928 (45 Stat. 
374, chapter 266; 19 U.S.C. 2077 et seq.). 
(W) The Act of August 7, 1939 (53 Stat. 
1263, chapter 566). 
(X) Any other provision of law imple-
menting a trade agreement. 
(Y) Any other provision of law vesting cus-
toms revenue functions in the Secretary of the 
Treasury. 
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(Z) Any other provision of law relating to 
trade facilitation or trade enforcement that is 
administered by U.S. Customs and Border Pro-
tection on behalf of any Federal agency that is 
required to participate in the International 
Trade Data System. 
(AA) Any other provision of customs or 
trade law administered by U.S. Customs and 
Border Protection or U.S. Immigration and Cus-
toms Enforcement. 
(4) PRIVATE SECTOR ENTITY.—The term ‘‘pri-
vate sector entity’’ means— 
(A) an importer; 
(B) an exporter; 
(C) a forwarder; 
(D) an air, sea, or land carrier or shipper; 
(E) a contract logistics provider; 
(F) a customs broker; or 
(G) any other person (other than an em-
ployee of a government) affected by the imple-
mentation of the customs and trade laws of the 
United States. 
(5) TRADE ENFORCEMENT.—The term ‘‘trade en-
forcement’’ means the enforcement of the customs and 
trade laws of the United States. 
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(6) TRADE FACILITATION.—The term ‘‘trade fa-
cilitation’’ refers to policies and activities of U.S. 
Customs and Border Protection with respect to facili-
tating the movement of merchandise into and out of 
the United States in a manner that complies with the 
customs and trade laws of the United States. 
TITLE I—TRADE FACILITATION 
AND TRADE ENFORCEMENT 
SEC. 101. IMPROVING PARTNERSHIP PROGRAMS. 
(a) IN GENERAL.—In order to advance the security, 
trade enforcement, and trade facilitation missions of U.S. 
Customs and Border Protection, the Commissioner shall en-
sure that partnership programs of U.S. Customs and Bor-
der Protection established before the date of the enactment 
of this Act, such as the Customs–Trade Partnership Against 
Terrorism established under subtitle B of title II of the Se-
curity and Accountability for Every Port Act of 2006 (6 
U.S.C. 961 et seq.), and partnership programs of U.S. Cus-
toms and Border Protection established after such date of 
enactment, provide trade benefits to private sector entities 
that meet the requirements for participation in those pro-
grams established by the Commissioner under this section. 
(b) ELEMENTS.—In developing and operating partner-
ship programs under subsection (a), the Commissioner 
shall— 
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(1) consult with private sector entities, the pub-
lic, and other Federal agencies when appropriate, to 
ensure that participants in those programs receive 
commercially significant and measurable trade bene-
fits, including providing pre-clearance of merchandise 
for qualified persons that demonstrate the highest lev-
els of compliance with the customs and trade laws of 
the United States, regulations of U.S. Customs and 
Border Protection, and other requirements the Com-
missioner determines to be necessary; 
(2) ensure an integrated and transparent system 
of trade benefits and compliance requirements for all 
partnership programs of U.S. Customs and Border 
Protection; 
(3) consider consolidating partnership programs 
in situations in which doing so would support the ob-
jectives of such programs, increase participation in 
such programs, enhance the trade benefits provided to 
participants in such programs, and enhance the allo-
cation of the resources of U.S. Customs and Border 
Protection; 
(4) coordinate with the Director of U.S. Immi-
gration and Customs Enforcement, and other Federal 
agencies with authority to detain and release mer-
chandise entering the United States— 
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multi-year plan for trade enforcement and trade facilita-
tion, and shall include— 
(1) a summary of actions taken during the 2- 
year period preceding the submission of the plan to 
improve trade enforcement and trade facilitation, in-
cluding a description and analysis of specific per-
formance measures to evaluate the progress of U.S. 
Customs and Border Protection and U.S. Immigra-
tion and Customs Enforcement in meeting each such 
responsibility; 
(2) a statement of objectives and plans for fur-
ther improving trade enforcement and trade facilita-
tion; 
(3) a specific identification of the priority trade 
issues described in paragraph (3)(B)(ii) of section 
2(d) of the Act of March 3, 1927 (44 Stat. 1381, 
chapter 348; 19 U.S.C. 2072(d)), as added by section 
111(a) of this Act, that can be addressed in order to 
enhance trade enforcement and trade facilitation, and 
a description of strategies and plans for addressing 
each such issue; 
(4) a description of efforts made to improve con-
sultation and coordination among and within Fed-
eral agencies, and in particular between U.S. Cus-
toms and Border Protection and U.S. Immigration 
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