SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Textile Enforcement and Security Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Textile or apparel article defined. 
Sec. 3. Definitions. 
Sec. 4. Findings. 
Sec. 5. Sense of Congress. 
TITLE I—ADDITIONAL AUTHORITIES FOR U.S. CUSTOMS AND 
BORDER PROTECTION 
Sec. 101. Seizure and forfeiture of certain textile or apparel articles and use 
of amounts from fines, penalties, and forfeitures. 
Sec. 102. Increase in certain TTA positions and import specialist positions and 
biennial review of staff levels. 
TITLE II—AMENDMENTS TO THE TARIFF ACT OF 1930 
Sec. 201. Special provisions regarding certain violations relating to import doc-
umentation. 
Sec. 202. Electronic preference verification system for origin of textile or ap-
parel articles under CAFTA–DR, NAFTA, and other free 
trade agreements. 
Sec. 203. Establishment of textile and apparel new importer program. 
Sec. 204. Nonresident importer declaration program for textile or apparel arti-
cles. 
TITLE III—ESTABLISHMENT OF TEXTILE AND APPAREL 
MANUFACTURING AND SUPPLIER REGISTRY 
Sec. 301. Establishment of textile and apparel manufacturing and supplier reg-
istry. 
TITLE IV—IMPLEMENTATION REPORT 
Sec. 401. Implementation report. 
SEC. 2. TEXTILE OR APPAREL ARTICLE DEFINED. 
(a) IN GENERAL.—In this Act, the term ‘‘textile or 
apparel article’’ means any of the following: 
(1) Any good classifiable in chapters 50 
through 63 of the HTS. 
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(2) Any good classifiable under one of the fol-
lowing HTS headings or subheadings: 
(A) 3005.90. 
(B) 3921.12.15. 
(C) 3921.13.15. 
(D) 3921.90.11. 
(E) 3921.90.15. 
(F) 3921.90.19. 
(G) 3921.90.25. 
(H) 3921.90.29. 
(I) 3921.90.40. 
(J) 6601. 
(K) 7019.19.15. 
(L) 7019.19.28. 
(M) 7019.40 through 7019.59. 
(N) 8708.21.00. 
(O) 9404.30. 
(P) 9404.90. 
(b) HTS DEFINED.—In subsection (a), the term 
‘‘HTS’’ means the Harmonized Tariff Schedule of the 
United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
CAFTA–DR 
COUNTRY.—The 
term 
‘‘CAFTA–DR country’’ has the meaning given such 
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term in section 3(2) of the Dominican Republic-Cen-
tral America-United States-Free Trade Agreement 
Implementation Act (19 U.S.C. 4002(2)). 
(2) CEE.—The term ‘‘CEE’’ means the Center 
of Excellence and Expertise for Apparel, Footwear, 
and Textiles of U.S. Customs and Border Protec-
tion. 
(3) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner responsible for 
U.S. Customs and Border Protection. 
(4) 
DEDICATED.—The 
term 
‘‘dedicated’’ 
means, with respect to an import specialist, that 
such import specialist focuses solely on the import of 
textile or apparel articles. 
(5) ENTER; ENTRY.—The terms ‘‘enter’’ and 
‘‘entry’’ refer to the entry, or withdrawal from ware-
house for consumption, of a textile or apparel article 
in the customs territory of the United States. 
(6) IMPORTER.—The term ‘‘importer’’ means 
one of the parties qualifying as an importer of 
record under section 484(a)(2)(B) of the Tariff Act 
of 1930 (19 U.S.C. 1484(a)(2)(B)). 
(7) NEW
IMPORTER.—The term ‘‘new im-
porter’’ means an importer with fewer than 3 years 
of history of importing textile or apparel articles into 
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the United States. For purposes of this paragraph, 
a new importer that merges with or is purchased by 
another importer, or is otherwise altered, shall be 
considered to remain a new importer until such time 
as such new importer presents proof to the Commis-
sioner of such merger, purchase, or other alteration 
for a determination regarding whether such new im-
porter may be treated as an importer. 
(8) NONRESIDENT IMPORTER.—The term ‘‘non-
resident importer’’ means an importer who is— 
(A) an individual who is not a citizen of 
the United States or an alien lawfully admitted 
for permanent residence in the United States; 
or 
(B) a partnership, corporation, or other 
commercial entity that is not organized under 
the laws of a jurisdiction within the customs 
territory of the United States (as such term is 
defined in General Note 2 of the Harmonized 
Tariff Schedule of the United States) or in the 
Virgin Islands of the United States. 
(9) SPECIAL OPERATIONS.—The term ‘‘special 
operations’’ means an initiative that is— 
(A) implemented to address specific in-
stances of transactions that do not comply with 
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the customs and trade laws of the United 
States with respect to textile or apparel articles; 
(B) used to address any import violations 
involving textile or apparel articles, including 
fraud, quota requirements, revenue collection, 
trade preferences or requirements under free 
trade agreements, product safety, antidumping 
and countervailing duties, or intellectual prop-
erty rights; or 
(C) initiated to address a singular instance 
or a pattern of high-risk behavior, involving a 
particular commodity or other trade issue, in-
cluding valuation, origin fraud, or trade pref-
erence violation, on the part of a country, im-
porter, shipper, exporter, customs broker, 
freight forwarder, or manufacturer. 
(10) TTA.—The term ‘‘TTA’’ means the Tex-
tile and Trade Agreements division of the Office of 
International Trade within U.S. Customs and Bor-
der Protection. 
(11) TPVTS.—The term ‘‘TPVTs’’ means Tex-
tile Product Verification Teams. 
(12) TRAINED.—The term ‘‘trained’’ means, 
with respect to an import specialist, that such im-
port specialist has received, at least during the last 
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3 years, education or training related to the import 
of textile or apparel articles. 
SEC. 4. FINDINGS. 
Congress finds the following: 
(1) The fraudulent or illegal imports of textile 
and apparel articles into the United States results in 
significant revenue loss to the Department of the 
Treasury. 
(2) The Textile and Trade Agreements division 
of the Office of International Trade within U.S. 
Customs and Border Protection or any subsequent 
division has, with respect to textile or apparel arti-
cles, the primary responsibility to ensure the proper 
enforcement of all customs and trade laws, rules, 
and regulations affecting textile and apparel articles. 
(3) The TTA has the authority to direct the im-
plementation and enforcement of free trade agree-
ments, multilateral agreements, bilateral textile 
agreements, trade preference programs, and all 
other customs and trade laws affecting textiles and 
apparel articles. 
(4) The primary focus of the TTA is to ensure 
the effective implementation of all trade enforcement 
activities involving textile or apparel articles with its 
principle focus to prevent circumvention of the re-
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quirements to obtain preferential trade treatment 
under free trade agreements and trade preference 
programs in order to avoid quotas or duties. 
SEC. 5. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) U.S. Customs and Border Protection and 
the TTA should be involved in supporting the nego-
tiation of enforcement provisions of trade preference 
programs and free trade agreements affecting tex-
tiles and apparel articles; 
(2) the TTA should conduct outreach to other 
Federal departments and agencies involved in overall 
trade policy, such as Department of Commerce and 
the Office of the United States Trade Representa-
tive; 
(3) the TTA should develop policies and proce-
dures that provide guidance to the CEE and to the 
ports of entry of the textile and apparel articles, in-
cluding training of officials of U.S. Customs and 
Border Protection; 
(4) officials of the TTA should coordinate and 
collaborate with officials of the CEE to establish en-
forcement priorities, based on risk assessments, and 
a national enforcement response; 
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(5) the TTA headquarters office is currently 
below its optimal staffing levels and the TTA per-
sonnel efforts should be targeted at retaining senior 
staff and hiring new qualified personnel so that the 
division is brought up to optimal staffing levels, and 
these positions should be designated as not only pol-
icy positions, but enforcement positions as well; 
(6) the TTA should implement special oper-
ations, Textile Product Verification Teams, and 
other actions under U.S. Customs and Border Pro-
tection authority to ensure enforcement of customs 
and trade laws relating to imports of textile or ap-
parel articles in a timely manner as concerns arise, 
particularly as such concerns relate to enforcement 
of the North American Free Trade Agreement, the 
Dominican Republic-Central America-United States 
Free Trade Agreement, and all other free trade 
agreements and trade preference programs, in order 
to prevent transshipments and origin fraud; 
(7) the TTA officials should coordinate and col-
laborate with foreign government counterparts to en-
sure effective enforcement of textile and apparel ar-
ticles; and 
(8) U.S. Customs and Border Protection should 
ensure that seizures, detentions, special operations, 
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and TPVTs remain the primary focus of its enforce-
ment efforts relating to textile and apparel articles. 
TITLE I—ADDITIONAL AUTHORI-
TIES FOR U.S. CUSTOMS AND 
BORDER PROTECTION 
SEC. 101. SEIZURE AND FORFEITURE OF CERTAIN TEXTILE 
OR 
APPAREL 
ARTICLES 
AND 
USE 
OF 
AMOUNTS FROM FINES, PENALTIES, AND 
FORFEITURES. 
(a) SEIZURE AND FORFEITURE.— 
(1) IN GENERAL.—The following textile or ap-
parel articles shall be subject to seizure and for-
feiture in accordance with the customs and trade 
laws of the United States and title 18, United States 
Code: 
(A) Any textile or apparel article imported 
into the United States— 
(i) for which a trade preference has 
been claimed; and 
(ii) that has been either misdescribed 
on entry as to country of origin or for 
which the importer does not verify actual 
country of origin, for purposes of avoiding 
a duty or other obligation to the United 
States Government, including— 
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(I) any textile or apparel article 
accompanied by documentation that 
indicates a false or fraudulent country 
of origin or source of textile or ap-
parel articles; and 
(II) any textile or apparel article 
accompanied by a counterfeit visa, li-
cense, permit, bill of lading, or similar 
documentation that is subsequently 
used by the importer for entry of tex-
tile or apparel articles. 
(B) A textile or apparel article imported 
into the United States by an importer who pro-
vides false information with respect to the phys-
ical address of the importer or who does not 
meet the requirements of section 484(a)(2)(B) 
of the Tariff Act of 1930 (19 U.S.C. 
1484(a)(2)(B)). 
(2) EXCEPTION.—A clerical error shall not be 
considered a violation of paragraph (1) unless such 
error is part of a pattern of negligent conduct. 
(b) USE OF AMOUNTS FROM FINES, PENALTIES, 
AND FORFEITURES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Secu-
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rity, the Commissioner, or the Secretary of the 
Treasury— 
(A) shall use amounts from fines, pen-
alties, and forfeitures of property for violations 
of any law regarding the import of textile or ap-
parel articles enforced by the Secretary of 
Homeland Security or the Secretary of the 
Treasury to pay for— 
(i) expenses directly related to special 
operations, TPVTs, and other enforcement 
actions; 
(ii) expenses related to training and 
education for applicable revenue positions, 
including import specialists, international 
trade specialists, and auditors who partici-
pate in the enforcement of the customs 
and trade laws of the United States with 
respect to the export or import of textile or 
apparel articles; and 
(iii) implementation of the provisions 
of this Act; and 
(B) may use amounts from fines, penalties, 
and forfeitures of property for violations of any 
law regarding the import of textile or apparel 
articles enforced by the Secretary of Homeland 
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Security, the Commissioner, or the Secretary of 
the Treasury to pay for a reward of not less 
than 20 percent of the amount of the fine or 
penalty collected, or the value of the property 
forfeited, or $20,000, whichever is the lesser 
amount, to any person who furnishes informa-
tion that leads to an arrest, conviction, civil 
penalty assessment, or forfeiture of property for 
any violation of any law regarding the import of 
textile or apparel articles enforced by the Sec-
retary of Homeland Security, the Commis-
sioner, or the Secretary of the Treasury. 
(2) RULE
OF
CONSTRUCTION.—Amounts de-
scribed in paragraph (1) and used to pay for ex-
penses described in subparagraph (A) of that para-
graph or a reward described in subparagraph (B) of 
that paragraph are in addition to amounts otherwise 
available for such purposes. 
SEC. 102. INCREASE IN CERTAIN TTA POSITIONS AND IM-
PORT SPECIALIST POSITIONS AND BIENNIAL 
REVIEW OF STAFF LEVELS. 
(a) INCREASE IN CERTAIN TTA POSITIONS.—Not 
later than 180 days of the date of the enactment of this 
Act, the Commissioner shall ensure that— 
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(1) the Textile Enforcement Branch (or any 
successor or related branch) of the TTA shall con-
sist of, at a minimum, one branch chief and 6 oper-
ations staff, of whom 3 operations staff shall be as-
signed to one of the CAFTA–DR countries for pur-
poses of assisting U.S. Customs and Border Protec-
tion with verification of textile and apparel pref-
erences claimed under the Dominican Republic-Cen-
tral America-United States Free Trade Agreement; 
(2) the Textile Policy Branch (or any successor 
or related division) of the TTA shall consist of, at 
a minimum, one division chief and 3 operations 
staff, and 2 textile trade analysts; and 
(3) the Quota Branch (or any successor or re-
lated branch of the Interagency Collaboration Divi-
sion) of the TTA shall consist of, at a minimum, one 
branch chief and 4 operations staff. 
(b) INCREASE IN TEXTILE AND APPAREL TRAINED 
IMPORT SPECIALISTS.—As soon as practicable after the 
date of the enactment of this Act, the Commissioner shall 
certify, with respect to the 15 largest (by value of entries) 
United States ports of entry for textile or apparel articles, 
that import specialists who are assigned to such ports of 
entry are trained in fraud, trade preference verification, 
classification, undervaluation, or other issues relating to 
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imports of textile or apparel articles so that the number 
of such trained import specialist positions is not less than 
150 percent of the number of trained import specialist po-
sitions as of the date of the enactment of this Act. 
(c) INCREASE
IN DEDICATED TEXTILE
AND AP-
PAREL IMPORT SPECIALISTS.—As soon as practicable 
after the date of the enactment of this Act, the Commis-
sioner shall increase dedicated textile and import special-
ists by 25 percent at the 15 largest (by value of entries) 
United States ports of entry for textile or apparel articles 
over the number of such specialists as of the date of the 
enactment of this Act. 
(d) BIENNIAL REVIEW
OF STAFF LEVELS.—Not 
later than one year after the date of the enactment of this 
Act, and every 2 years thereafter, the Commissioner shall 
submit to the Committee on Ways and Means and the 
Committee on Homeland Security of the House of Rep-
resentatives, the Committee on Finance and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate, and the co-chairs of the Congressional Tex-
tile Caucus a report on the staffing levels specified in this 
section, including a determination of whether or not there 
is need for additional staff to carry out the duties of the 
TTA. 
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TITLE II—AMENDMENTS TO THE 
TARIFF ACT OF 1930 
SEC. 201. SPECIAL PROVISIONS REGARDING CERTAIN VIO-
LATIONS RELATING TO IMPORT DOCUMENTA-
TION. 
(a) PUBLICATION OF NAMES OF CERTAIN VIOLA-
TORS.—Section 592A(a)(1) of the Tariff Act of 1930 (19 
U.S.C. 1592a(a)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘is authorized to’’ and inserting ‘‘shall’’; 
and 
(2) in subparagraph (A), by inserting before the 
comma at the end the following: ‘‘, including for vio-
lations of quotas, duties, or trade preference pro-
grams’’. 
(b) LIST
OF
HIGH-RISK
COUNTRIES.—Section 
592A(b)(1) of the Tariff Act of 1930 (19 U.S.C. 
1592a(b)(1)) is amended, in the first sentence— 
(1) by striking ‘‘is authorized to’’ and inserting 
‘‘shall’’; and 
(2) by inserting ‘‘or duties or violate trade pref-
erence programs’’ after ‘‘quotas’’. 
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SEC. 202. ELECTRONIC PREFERENCE VERIFICATION SYS-
TEM FOR ORIGIN OF TEXTILE OR APPAREL 
ARTICLES UNDER CAFTA–DR, NAFTA, AND 
OTHER FREE TRADE AGREEMENTS. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the President, act-
ing through the Commissioner and in coordination with 
the head of the Office of Textiles and Apparel of the De-
partment of Commerce, shall establish an electronic 
verification system for tracking textile or apparel articles 
imported or exported under the Dominican Republic-Cen-
tral America-United States Free Trade Agreement, the 
North American Free Trade Agreement, or any other free 
trade agreement to which the United States is a party, 
to ensure compliance with the respective requirements of 
such agreements. 
(b) IMPLEMENTATION.—The President shall seek to 
enter into consultations and agreements, as appropriate, 
with the government of each foreign country that is a 
party to an agreement referred to in subsection (a) for 
purposes of implementing the electronic verification sys-
tem established under that subsection. 
(c) CONFIDENTIALITY.—The electronic verification 
system established under subsection (a) shall ensure that 
proprietary information, such as information about supply 
chain participants, is coded so that only U.S. Customs and 
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Border Protection and Office of Textiles and Apparel per-
sonnel can access the information. 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should seek to make the integra-
tion of the electronic verification system established under 
subsection (a) in future free trade agreements a priority 
in negotiations for such agreements. 
SEC. 203. ESTABLISHMENT OF TEXTILE AND APPAREL NEW 
IMPORTER PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commissioner shall 
establish a new importer program that directs U.S. Cus-
toms and Border Protection to adjust bond amounts for 
new importers of textile and apparel articles based on the 
level of risk with respect to protection of the revenue of 
the Federal Government presented by each new importer. 
(b) REQUIREMENTS.—The Commissioner shall en-
sure that, as part of the new importer program established 
under subsection (a), U.S. Customs and Border Protec-
tion— 
(1) develops risk assessment guidelines for new 
importers of textile and apparel articles; 
(2) adjusts bond amounts for new importers in 
accordance with the risk assessment guidelines de-
veloped under paragraph (1); 
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(3) maintains a centralized database of new im-
porters; and 
(4) ensures accuracy of required information 
provided to U.S. Customs and Border Protection by 
new importers. 
(c) BONDING AUTHORITY.—Section 623(b) of the 
Tariff Act of 1930 (19 U.S.C. 1623(b)) is amended by 
adding at the end the following new paragraph: 
‘‘(5) In the case of importation of textile or ap-
parel articles, by regulation or specific instruction 
require, or authorize U.S. Customs and Border Pro-
tection officers to require, the amount of the bond 
to include amounts equal to any duties, fees, or pen-
alties estimated to be payable on such articles. For 
purposes of this paragraph, amounts equal to any 
penalties estimated to be payable on such articles 
shall be based on a risk assessment of the new im-
porter carried out in accordance with section 203 of 
the Textile Security and Enforcement Act of 2013. 
Any person who violates a requirement imposed pur-
suant to this paragraph shall be liable for a civil 
penalty of $50,000 for each such violation.’’. 
(d) OTHER PENALTIES.—In addition to the penalties 
specified in paragraph (5) of section 623(b) of the Tariff 
Act of 1930 (19 U.S.C. 1623(b)), as added by subsection 
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(c) of this section, for a violation of such paragraph, any 
person who violates any other customs or trade law of the 
United States with respect to the importation of textile 
or apparel articles shall be subject to any applicable civil 
or criminal penalty, including seizure and forfeiture that 
may be imposed under such customs or trade law, includ-
ing section 592 of the Tariff Act of 1930 (19 U.S.C. 
1592). 
SEC. 204. NONRESIDENT IMPORTER DECLARATION PRO-
GRAM FOR TEXTILE OR APPAREL ARTICLES. 
(a) ESTABLISHMENT OF PROGRAM.—Not later than 
180 days after the date of the enactment of this Act, the 
Commissioner shall establish and maintain a nonresident 
importer declaration program with respect to the importa-
tion of textile or apparel articles. The program shall re-
quire nonresident importers of textile or apparel articles 
to provide the information required under subsection (b) 
and declare the information required under subsection (c), 
and require that such information accompany the entry 
summary documentation for such textile or apparel arti-
cles. 
(b) INFORMATION REQUIRED.—The Commissioner 
shall require the following information to be submitted by 
any nonresident importer seeking to import textile or ap-
parel articles: 
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(1) An identification of a resident agent in the 
State in which the port of entry is located who is au-
thorized to accept service of process against the non-
resident importer in connection with the importation 
of the textile or apparel articles. 
(2) A certification that the resident agent de-
scribed in paragraph (1) has assets in the United 
States in sufficient amounts for the purpose of en-
suring the payment of any additional loss of revenue 
not covered by any surety bond or for any civil pen-
alties levied by the Federal Government in connec-
tion with the importation of the textile or apparel 
articles. 
(3) A copy of the commercial invoice accom-
panying the shipment of the textile or apparel arti-
cles, including the name, address, and contact infor-
mation for each person in the transaction, such as 
the trading house, the freight forwarder, and the ul-
timate purchaser of the goods. 
(c) DECLARATIONS REQUIRED.—Pursuant to proce-
dures prescribed by the Commissioner, any nonresident 
importer seeking to import textile or apparel articles shall 
declare the following: 
(1) The nonresident importer has secured a 
bond in connection with the importation of the tex-
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tile or apparel articles as required by paragraph (5) 
of section 623(b) of the Tariff Act of 1930 (19 
U.S.C. 1623(b)) (as added by section 203(c) of this 
Act). 
(2) The nonresident importer has established a 
power of attorney in connection with the importation 
of the textile or apparel articles. 
(d) AUTHORITY.—A resident agent under this section 
shall accept service of process on behalf of the nonresident 
importer of such agent for the purpose of duties, penalties, 
or other fines issued by the Secretary of Homeland Secu-
rity or the Commissioner if the Secretary or the Commis-
sioner is unable to collect duties, penalties, or other fines 
from such nonresident importer. 
(e) PENALTIES.— 
(1) IN GENERAL.—It shall be unlawful for any 
person to import into the United States any textile 
or apparel article in violation of this section. 
(2) CIVIL
PENALTIES.—Any person who vio-
lates paragraph (1) shall be liable for a civil penalty 
of $50,000 for each such violation. 
(3) OTHER
PENALTIES.—In addition to the 
penalties specified in paragraph (2), any violation of 
this section that violates any other customs or trade 
law of the United States shall be subject to any ap-
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plicable civil and criminal penalty, including seizure 
and forfeiture, that may be imposed under such cus-
toms or trade law or title 18, United States Code, 
with respect to the importation of textile or apparel 
articles. 
TITLE III—ESTABLISHMENT OF 
TEXTILE AND APPAREL MAN-
UFACTURING AND SUPPLIER 
REGISTRY 
SEC. 301. ESTABLISHMENT OF TEXTILE AND APPAREL MAN-
UFACTURING AND SUPPLIER REGISTRY. 
Not later than 180 days after the date of the enact-
ment of this Act, the President, acting through the Com-
missioner and in coordination with the head of the Office 
of Textiles and Apparel of the Department of Commerce, 
shall establish an electronic Textile and Apparel Manufac-
turing Supplier Registry pilot program to serve as a cen-
tralized database of United States producers and manu-
facturers of thread, yarn, fabric, and apparel that supply 
products to companies in the United States, countries that 
are parties to the North American Free Trade Agreement, 
the Dominican Republic-Central America-United States 
Free Trade Agreement, and other free trade agreements 
or eligible for preference programs for countries in the 
Western Hemisphere. 
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TITLE IV—IMPLEMENTATION 
REPORT 
SEC. 401. IMPLEMENTATION REPORT. 
Not later than one year after the date of the enact-
ment of this Act, the Commissioner shall submit to the 
Committee on Ways and Means and the Committee on 
Homeland Security of the House of Representatives, the 
Committee on Finance and the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the 
co-chairs of the Congressional Textile Caucus a report on 
the implementation of this Act. 
Æ 
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