H. R. 3450—115
(1) by inserting ‘‘or transmitted’’ after ‘‘made’’ in paragraph
(1)(A); and
(2) by amending paragraph (2)(A) to read as follows:
‘‘(A) if the article is a controlled substance, either $500
or an amount equal to 1,000 percent of the value of the
article, whichever amount is greater; and’’.
SEC. 613. CUSTOMS TESTING LABORATORIES; DETENTION OF MER-
CHANDISE.
(a) AMENDMENT.—Section 499 (19 U.S.C. 1499) is amended
to read as follows:
‘‘SEC. 499. EXAMINATION OF MERCHANDISE.
‘‘(a) ENTRY EXAMINATION.—
‘‘(1) IN GENERAL.—Imported merchandise that is required
by law or regulation to be inspected, examined, or appraised
shall not be delivered from customs custody (except under
such bond or other security as may be prescribed by the Sec-
retary to assure compliance with all applicable laws, regula-
tions, and instructions which the Secretary or the Customs
Service is authorized to enforce) until the merchandise has
been inspected, appraised, or examined and is reported by
the Customs Service to have been truly and correctly invoiced
and found to comply with the requirements of the laws of
the United States.
‘‘(2) EXAMINATION.—The Customs Service—
‘‘(A) shall designate the packages or quantities of mer-
chandise covered by any invoice or entry which are to
be opened and examined for the purpose of appraisement
or otherwise;
‘‘(B) shall order such packages or quantities to be sent
to such place as is designated by the Secretary by regula-
tion for such purpose;
‘‘(C) may require such additional packages or quantities
as the Secretary considers necessary for such purpose; and
‘‘(D) shall inspect a sufficient number of shipments,
and shall examine a sufficient number of entries, to ensure
compliance with the laws enforced by the Customs Service.
‘‘(3) UNSPECIFIED ARTICLES.—If any package contains any
article not specified in the invoice or entry and, in the opinion
of the Customs Service, the article was omitted from the invoice
or entry—
‘‘(A) with fraudulent intent on the part of the seller,
shipper, owner, agent, importer of record, or entry filer,
the contents of the entire package in which such article
is found shall be subject to seizure; or
‘‘(B) without fraudulent intent, the value of the article
shall be added to the entry and the duties, fees, and taxes
thereon paid accordingly.
‘‘(4) DEFICIENCY.—If a deficiency is found in quantity,
weight, or measure in the examination of any package, the
person finding the deficiency shall make a report thereof to
the Customs Service. The Customs Service shall make allow-
ance for the deficiency in the liquidation of duties.
‘‘(5) INFORMATION REQUIRED FOR RELEASE.—If an examina-
tion is conducted, any information required for release shall
be provided, either electronically or in paper form, to the Cus-
toms Service at the port of examination. The absence of such
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H. R. 3450—116
information does not limit the authority of the Customs Service
to conduct an examination.
‘‘(b) TESTING LABORATORIES.—
‘‘(1) ACCREDITATION OF PRIVATE TESTING LABORATORIES.—
The Customs Service shall establish and implement a proce-
dure, under regulations promulgated by the Secretary, for
accrediting private laboratories within the United States which
may be used to perform tests (that would otherwise be per-
formed by Customs Service laboratories) to establish the
characteristics, quantities, or composition of imported merchan-
dise. Such regulations—
‘‘(A) shall establish the conditions required for the lab-
oratories to receive and maintain accreditation for purposes
of this subsection;
‘‘(B) shall establish the conditions regarding the
suspension and revocation of accreditation, which may
include the imposition of a monetary penalty not to exceed
$100,000 and such penalty is in addition to the recovery,
from a gauger or laboratory accredited under paragraph
(1), of any loss of revenue that may have occurred, but
the Customs Service—
‘‘(i) may seek to recover lost revenue only in cases
where the gauger or laboratory intentionally falsified
the analysis or gauging report in collusion with the
importer; and
‘‘(ii) shall neither assess penalties nor seek to
recover lost revenue because of a good faith difference
of professional opinion; and
‘‘(C) may provide for the imposition of a reasonable
charge for accreditation and periodic reaccreditation.
The 
collection 
of 
any 
charge 
for 
accreditation 
and
reaccreditation under this section is not prohibited by section
13031(e)(6) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(e)(6)).
‘‘(2) APPEAL OF ADVERSE ACCREDITATION DECISIONS.—A lab-
oratory applying for accreditation, or that is accredited, under
this section may contest any decision or order of the Customs
Service denying, suspending, or revoking accreditation, or
imposing a monetary penalty, by commencing an action in
accordance with chapter 169 of title 28, United States Code,
in the Court of International Trade within 60 days after issu-
ance of the decision or order.
‘‘(3) 
TESTING
BY
ACCREDITED
LABORATORIES.—When
requested by an importer of record of merchandise, the Customs
Service shall authorize the release to the importer of a rep-
resentative sample of the merchandise for testing, at the
expense of the importer, by a laboratory accredited under para-
graph (1). The testing results from a laboratory accredited
under paragraph (1) that are submitted by an importer of
record with respect to merchandise in an entry shall, in the
absence of testing results obtained from a Customs Service
laboratory, be accepted by the Customs Service if the importer
of record certifies that the sample tested was taken from the
merchandise in the entry. Nothing in this subsection shall
be construed to limit in any way or preclude the authority
of the Customs Service to test or analyze any sample or mer-
chandise independently.
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H. R. 3450—117
‘‘(4) AVAILABILITY OF TESTING PROCEDURE, METHODOLOGIES,
AND INFORMATION.—Testing procedures and methodologies used
by the Customs Service, and information resulting from any
testing conducted by the Customs Service, shall be made avail-
able as follows:
‘‘(A) Testing procedures and methodologies shall be
made available upon request to any person unless the
procedures or methodologies are—
‘‘(i) proprietary to the holder of a copyright or
patent related to such procedures or methodologies,
or
‘‘(ii) developed by the Customs Service for enforce-
ment purposes.
‘‘(B) Information resulting from testing shall be made
available upon request to the importer of record and any
agent thereof unless the information reveals information
which is—
‘‘(i) proprietary to the holder of a copyright or
patent; or
‘‘(ii) developed by the Customs Service for enforce-
ment purposes.
‘‘(5) MISCELLANEOUS
PROVISIONS.—For purposes of this
subsection—
‘‘(A) any reference to a private laboratory includes a
reference to a private gauger; and
‘‘(B) accreditation of private laboratories extends only
to the performance of functions by such laboratories that
are within the scope of those responsibilities for determina-
tions of the elements relating to admissibility, quantity,
composition, or characteristics of imported merchandise
that are vested in, or delegated to, the Customs Service.
‘‘(c) DETENTIONS.—Except in the case of merchandise with
respect to which the determination of admissibility is vested in
an agency other than the Customs Service, the following apply:
‘‘(1) IN GENERAL.—Within the 5-day period (excluding week-
ends and holidays) following the date on which merchandise
is presented for customs examination, the Customs Service
shall decide whether to release or detain the merchandise.
Merchandise which is not released within such 5-day period
shall be considered to be detained merchandise.
‘‘(2) NOTICE
OF
DETENTION.—The Customs Service shall
issue a notice to the importer or other party having an interest
in detained merchandise no later than 5 days, excluding week-
ends and holidays, after the decision to detain the merchandise
is made. The notice shall advise the importer or other interested
party of—
‘‘(A) the initiation of the detention;
‘‘(B) the specific reason for the detention;
‘‘(C) the anticipated length of the detention;
‘‘(D) the nature of the tests or inquiries to be conducted;
and
‘‘(E) the nature of any information which, if supplied
to the Customs Service, may accelerate the disposition
of the detention.
‘‘(3) TESTING RESULTS.—Upon request by the importer or
other party having an interest in detained merchandise, the
Customs Service shall provide the party with copies of the
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H. R. 3450—118
results of any testing conducted by the Customs Service on
the merchandise and a description of the testing procedures
and methodologies (unless such procedures or methodologies
are proprietary to the holder of a copyright or patent or were
developed by the Customs Service for enforcement purposes).
The results and test description shall be in sufficient detail
to permit the duplication and analysis of the testing and the
results.
‘‘(4) SEIZURE AND FORFEITURE.—If otherwise provided by
law, detained merchandise may be seized and forfeited.
‘‘(5) EFFECT OF FAILURE TO MAKE DETERMINATION.—
‘‘(A) The failure by the Customs Service to make a
final determination with respect to the admissibility of
detained merchandise within 30 days after the merchandise
has been presented for customs examination, or such longer
period if specifically authorized by law, shall be treated
as a decision of the Customs Service to exclude the mer-
chandise for purposes of section 514(a)(4).
‘‘(B) For purposes of section 1581 of title 28, United
States Code, a protest against the decision to exclude the
merchandise which has not been allowed or denied in whole
or in part before the 30th day after the day on which
the protest was filed shall be treated as having been denied
on such 30th day.
‘‘(C) Notwithstanding section 2639 of title 28, United
States Code, once an action respecting a detention is com-
menced, unless the Customs Service establishes by a
preponderance of the evidence that an admissibility deci-
sion has not been reached for good cause, the court shall
grant the appropriate relief which may include, but is
not limited to, an order to cancel the detention and release
the merchandise.’’.
(b) EXISTING
LABORATORIES.—Accreditation under section
499(b) of the Tariff Act of 1930 (as added by subsection (a)) is
not required for any private laboratory (including any gauger) that
was accredited or approved by the Customs Service as of the day
before the date of the enactment of this Act; but any such laboratory
is subject to reaccreditation under the provisions of such section
and the regulations promulgated thereunder.
SEC. 614. RECORDKEEPING.
Section 508 (19 U.S.C. 1508) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) REQUIREMENTS.—Any—
‘‘(1) owner, importer, consignee, importer of record, entry
filer, or other party who—
‘‘(A) imports merchandise into the customs territory
of the United States, files a drawback claim, or transports
or stores merchandise carried or held under bond, or
‘‘(B) knowingly causes the importation or transpor-
tation or storage of merchandise carried or held under
bond into or from the customs territory of the United
States;
‘‘(2) agent of any party described in paragraph (1); or
‘‘(3) person whose activities require the filing of a declara-
tion or entry, or both;
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