I 
111TH CONGRESS 
2D SESSION 
H. R. 5393 
To provide U.S. Customs and Border Protection with authority to more 
aggressively enforce trade laws relating to textile or apparel articles, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2010 
Mr. KISSELL (for himself, Mr. JONES, Mr. SPRATT, Mr. COBLE, Mr. BOU-
CHER, Mr. HARE, Mr. SCHAUER, Mr. CARNEY, Mr. DUNCAN, Mr. 
MCHENRY, Mr. MICHAUD, Mr. ADERHOLT, Mr. MCINTYRE, Mr. 
ETHERIDGE, Mr. ROGERS of Alabama, Mr. MCCOTTER, Ms. FOXX, Mr. 
INGLIS, Ms. SUTTON, Mrs. MYRICK, Mr. LIPINSKI, Ms. LINDA T. 
SA´NCHEZ of California, Ms. KAPTUR, and Mr. HOLDEN) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To provide U.S. Customs and Border Protection with author-
ity to more aggressively enforce trade laws relating to 
textile or apparel articles, 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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Textile Enforcement and Security Act of 2010’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Textile or apparel article defined. 
TITLE I—ADDITIONAL AUTHORITIES FOR U.S. CUSTOMS AND 
BORDER PROTECTION 
Sec. 101. Findings. 
Sec. 102. Seizure and forfeiture of certain textile or apparel articles and use 
of amounts from fines, penalties, and forfeitures. 
Sec. 103. Increase in certain TAPP positions and Import Specialist positions 
and biennial review of staff levels. 
Sec. 104. Implementation report. 
Sec. 105. Definitions. 
TITLE II—AMENDMENTS TO THE TARIFF ACT OF 1930 
Sec. 201. Additional requirements for importation of textile or apparel articles. 
Sec. 202. Definition of person for penalties for fraud, gross negligence, and 
negligence relating to import documentation. 
Sec. 203. Special provisions regarding certain violations relating to import doc-
umentation. 
Sec. 204. Electronic preference verification system for origin of textile or ap-
parel articles under CAFTA, NAFTA, and other free trade 
agreements. 
Sec. 205. Nonresident importer declaration program for textile or apparel arti-
cles. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Establishment of Office of Textile and Apparel Trade Enforcement 
within the Department of Justice. 
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. 
(2) Any good classifiable under one of the fol-
lowing HTS headings or subheadings: 
(A) 3005.90. 
(B) 3921.12.15. 
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(C) 3921.13.15. 
(D) 3921.90.2550. 
(E) 4202.12.40–80. 
(F) 4202.22.40–80. 
(G) 4202.32.40–95. 
(H) 4202.92.05. 
(I) 4202.92.15–30. 
(J) 4202.92.60–90. 
(K) 6405.20.60. 
(L) 6406.10.77. 
(M) 6406.10.90. 
(N) 6406.99.15. 
(O) 6501. 
(P) 6502. 
(Q) 6504. 
(R) 6505.90. 
(S) 6601.10–99. 
(T) 7019.19.15. 
(U) 7019.19.28. 
(V) 7019.40–59. 
(W) 8708.21. 
(X) 8804. 
(Y) 9113.90.40. 
(Z) 9404.90. 
(AA) 9612.10.9010. 
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(b) HTS DEFINED.—In subsection (a), the term 
‘‘HTS’’ means the Harmonized Tariff Schedule of the 
United States. 
TITLE I—ADDITIONAL AUTHORI-
TIES FOR U.S. CUSTOMS AND 
BORDER PROTECTION 
SEC. 101. FINDINGS. 
The Congress finds the following: 
(1) The Textile and Apparel Policy and Pro-
grams division of the Office of International Trade 
within U.S. Customs and Border Protection (herein-
after in this title referred to as the ‘‘TAPP’’) has, 
with respect to textile or apparel articles, the author-
ity to direct the implementation and enforcement of 
free trade agreements, multilateral agreements, bi-
lateral textile agreements, preference programs, and 
all other trade legislation affecting textiles and ap-
parel articles. 
(2) The primary focus of the TAPP is to ensure 
the effective implementation of all trade enforcement 
activities involving textile or apparel articles, includ-
ing preventing origin fraud, preventing circumven-
tion of the requirements to obtain preferential trade 
treatment under free trade agreements and trade 
preference programs in order to avoid quotas or du-
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ties, providing for the collection of appropriate du-
ties, and providing for the correct valuation of arti-
cles. 
(3) The TAPP headquarters office is currently 
below its optimal staffing levels and the TAPP 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. 
These positions should be designated as not only pol-
icy positions, but enforcement positions as well. 
(4) The TAPP should implement special oper-
ations, Textile Product Verification Teams (herein-
after in this title referred to as ‘‘TPVTs’’), and 
other actions under U.S. Customs and Border Pro-
tection authority to ensure enforcement of trade 
laws relating to imports of textile or apparel articles 
in a timely manner as concerns arise, specifically as 
they relate to enforcement of the North American 
Free Trade Agreement, the Dominican Republic- 
Central America-United States Free Trade Agree-
ment, and all other free trade agreements and pref-
erence programs, in order to prevent transshipments 
and origin fraud. 
(5) 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 textile 
or apparel articles enforcement efforts. 
SEC. 102. SEIZURE AND FORFEITURE OF CERTAIN TEXTILE 
OR 
APPAREL 
ARTICLES 
AND 
USE 
OF 
AMOUNTS FROM FINES, PENALTIES, AND 
FORFEITURES. 
(a) SEIZURE AND FORFEITURE.—The following pen-
alties shall apply with respect to an importation of a tex-
tile or apparel article: 
(1) In the case of importation for which a trade 
preference has been claimed and with respect to 
which the textile or apparel article has been either 
misdescribed on entry as to country of origin or for 
which the importer of record does not verify actual 
country of origin, for purposes of avoiding a duty or 
other obligation to the United States Government, 
the textile or apparel article shall be subject to sei-
zure and forfeiture consistent with United States 
customs laws. 
(2) In the case of importation by an importer 
of record who provides false information with respect 
to the physical 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)), the textile or apparel article shall be sub-
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ject to seizure and forfeiture consistent with United 
States customs laws. 
(b) USE OF AMOUNTS FROM FINES, PENALTIES, 
AND FORFEITURES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
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 to pay for expenses directly 
related to investigations of, and civil or criminal 
enforcement proceedings on, violations of any 
law regarding the import of textile or apparel 
articles, including any necessary expenses for 
equipment, training, travel, witnesses, and con-
tracting services directly related to such inves-
tigations or proceedings; 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 
Security to pay for a reward of not less than 20 
percent of the amount of the fine, penalty, or 
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forfeiture of property collected or $20,000, 
whichever is the lesser amount, to any person 
who furnishes information that leads to an ar-
rest, conviction, civil penalty assessment, or for-
feiture of property for any violation of any law 
regarding the import of textile or apparel arti-
cles enforced by the Secretary. 
(2) LIABILITY
FOR
STORAGE
AND
DISPOSAL 
COSTS.—Any person found in an administrative or 
judicial proceeding to have violated a law regarding 
the import of textile or apparel articles enforced by 
the Secretary of Homeland Security or the Secretary 
of the Treasury shall be liable for the cost incurred 
in the storage and disposal of any textile or apparel 
articles seized in connection with the violation. 
(3) RULE OF CONSTRUCTION.—Amounts from 
fines, penalties, and forfeitures of property for viola-
tions of any law regarding the import of textile or 
apparel articles enforced by the Secretary of Home-
land Security or the Secretary of the Treasury to 
pay for expenses described in paragraph (1)(A) or a 
reward described in paragraph (1)(B) are in addi-
tion to amounts otherwise available for such pur-
poses. 
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SEC. 103. INCREASE IN CERTAIN TAPP POSITIONS AND IM-
PORT SPECIALIST POSITIONS AND BIENNIAL 
REVIEW OF STAFF LEVELS. 
(a) INCREASE IN CERTAIN TAPP POSITIONS.—As 
soon as practicable after the date of the enactment of this 
Act, the Commissioner shall ensure that— 
(1) the Textile Operations Branch (or any suc-
cessor or related Branch) of the TAPP shall consist 
of, at a minimum, one Branch Chief and seven Op-
erations Staff, of which not less than one Operations 
Staff shall be assigned to each of three different 
CAFTA–DR countries and not less than one Oper-
ations Staff shall be assigned to the People’s Repub-
lic of China for purposes of Customs services and 
textile or apparel preference verification; 
(2) the Textile/Apparel Policy Branch (or any 
successor or related Branch) of the TAPP shall con-
sist of, at a minimum, one Branch Chief and three 
Operations Staff and two textile trade analysts; and 
(3) the Quota Branch (or any successor or re-
lated Branch) of the TAPP shall consist of, at a 
minimum, one Branch Chief and four Operations 
Staff. 
(b) INCREASE IN CERTAIN IMPORT SPECIALIST POSI-
TIONS.—As soon as practicable after the date of the enact-
ment of this Act, the Commissioner shall allocate, to the 
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15 largest (by value of entries) United States ports of 
entry for textile or apparel articles, Import Specialists that 
are trained in fraud relating to imports of textile or ap-
parel articles so that the level of Import Specialist posi-
tions is not less than 150 percent of the level of Import 
Specialist positions (as of the date of the enactment of 
this Act) at such ports of entry. 
(c) BIENNIAL REVIEW
OF STAFF LEVELS.—Not 
later than two years after the date of the enactment of 
this Act, and every two years thereafter, the Commissioner 
shall review the TAPP staff levels and determine whether 
there is need for additional staff to carry out the duties 
of the TAPP. 
(d) CAFTA–DR COUNTRY DEFINED.—In this sec-
tion, the term ‘‘CAFTA–DR country’’ has the meaning 
given the term in section 3(2) of the Dominican Republic- 
Central America-United States Free Trade Agreement 
Implementation Act (19 U.S.C. 4002(2)). 
SEC. 104. IMPLEMENTATION REPORT. 
Not later than one year after the date of the enact-
ment of this Act, the Commissioner shall transmit to Con-
gress a report on the implementation of this title. 
SEC. 105. DEFINITIONS. 
For purposes of this title: 
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(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner responsible for 
U.S. Customs and Border Protection. 
(2) ENTER; ENTRY.—The terms ‘‘enter’’ and 
‘‘entry’’ refer to the entry, or withdrawal from ware-
house for consumption, in the customs territory of 
the United States. 
(3) IMPORTER
OF
RECORD.—The term ‘‘im-
porter of record’’ has the meaning given the term in 
section 484 of the Tariff Act of 1930 (19 U.S.C. 
1484). 
(4) 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 
United States trade laws 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, anti-dumping 
and countervailing duties, or intellectual prop-
erty rights; or 
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(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, or manufacturer. 
(5) TAPP.—The term ‘‘TAPP’’ means the Tex-
tile and Apparel Policy and Programs division of the 
Office of International Trade within U.S. Customs 
and Border Protection. 
(6) TPVTS.—The term ‘‘TPVTs’’ means Tex-
tile Product Verification Teams. 
TITLE II—AMENDMENTS TO THE 
TARIFF ACT OF 1930 
SEC. 201. ADDITIONAL REQUIREMENTS FOR IMPORTATION 
OF TEXTILE OR APPAREL ARTICLES. 
(a) AFFIDAVIT REQUIREMENT.—Section 484(a) of 
the Tariff Act of 1930 (19 U.S.C. 1484(a)) is amended 
by adding at the end the following: 
‘‘(3) AFFIDAVIT REQUIREMENT.— 
‘‘(A) IN GENERAL.—The documentation or 
information required under paragraph (1) with 
respect to imported textile or apparel articles 
shall include an affidavit with respect to each 
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importation of such merchandise that includes 
the information described in subparagraph (B). 
‘‘(B) REQUIRED
INFORMATION.—The in-
formation described in this paragraph is the fol-
lowing: 
‘‘(i) The physical address of the man-
ufacturer. 
‘‘(ii) The contact person’s name and 
complete contact information. 
‘‘(iii) A description of the articles, 
such as fiber content, yarn content, fabric 
type. 
‘‘(iv) The purchase order or invoice 
number issued for the sale with quantities 
included. 
‘‘(v) The date of sale or shipment of 
the articles. 
‘‘(vi) If available, the container num-
ber and bill of lading number for the arti-
cles delivered to the customer. 
‘‘(C) FORM.—The affidavit required under 
this paragraph may be submitted to U.S. Cus-
toms and Border Protection in electronic form. 
‘‘(D) DEFINITION.—In this paragraph, the 
term ‘textile or apparel article’ has the meaning 
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given the term in section 2 of the Textile En-
forcement and Security Act of 2010.’’. 
(b) BONDING REQUIREMENT.—Section 623(b) of the 
Tariff Act of 1930 (19 U.S.C. 1623(b)) is amended by 
adding at the end the following: 
‘‘(5) In the case of importation of textile or ap-
parel articles, the Secretary of the Treasury shall by 
regulation or specific instruction require, or author-
ize Customs officers to require, the amount of the 
bond to include amounts equal to any duties, fees, 
and penalties estimated to be payable on such arti-
cles. For purposes of this paragraph, amounts equal 
to any penalties estimated to be payable on such ar-
ticles shall be based on a risk assessment of the im-
porter. In this paragraph, the term ‘textile or ap-
parel article’ has the meaning given the term in sec-
tion 2 of the Textile Enforcement and Security Act 
of 2010.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall apply with respect to articles 
entered, or withdrawn from warehouse for consumption, 
on or after the date that is 180 days after the date of 
the enactment of this Act. 
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SEC. 202. DEFINITION OF PERSON FOR PENALTIES FOR 
FRAUD, 
GROSS 
NEGLIGENCE, 
AND 
NEG-
LIGENCE 
RELATING 
TO 
IMPORT 
DOCU-
MENTATION. 
(a) IN GENERAL.—Section 592(a)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1592(a)(1)) is amended in the 
matter preceding subparagraph (A) by striking ‘‘no per-
son’’ and inserting ‘‘no producer, manufacturer, supplier, 
seller, importer, exporter, or other person’’. 
(b) CONFORMING AMENDMENT.—Section 592A(a)(1) 
of the Tariff Act of 1930 (19 U.S.C. 1592a(a)(1)) is 
amended by inserting ‘‘importer,’’ after ‘‘exporter,’’. 
SEC. 203. 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)), as amended by this Act, is further 
amended in the matter preceding subparagraph (A) by 
striking ‘‘is authorized to’’ and inserting ‘‘shall’’. 
(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 
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(2) by inserting after ‘‘quotas’’ the following: 
‘‘or duties’’. 
SEC. 204. ELECTRONIC PREFERENCE VERIFICATION SYS-
TEM FOR ORIGIN OF TEXTILE OR APPAREL 
ARTICLES UNDER CAFTA, 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 responsible for U.S. Cus-
toms and Border Protection and in coordination with the 
head of the Office of Textiles and Apparel of the Depart-
ment 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 party 
to any agreement described in subsection (a) for purposes 
of implementing the system established under subsection 
(a). 
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(c) CONFIDENTIALITY.—The system established 
under subsection (a) shall ensure that proprietary infor-
mation, such as information about supply chain partici-
pants, are coded so that only U.S. Customs and Border 
Protection and the Office of Textiles and Apparel per-
sonnel can access such information. 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should seek to make the integra-
tion of the system established under subsection (a) in fu-
ture free trade agreements a priority in negotiations for 
such agreements. 
SEC. 205. NONRESIDENT IMPORTER DECLARATION PRO-
GRAM FOR TEXTILE OR APPAREL ARTICLES. 
(a) ESTABLISHMENT OF PROGRAM.—The President 
shall establish and maintain a nonresident importer dec-
laration program with respect to the importation of textile 
or apparel articles. The program shall require nonresident 
importers of textile or apparel articles to provide the infor-
mation required under subsection (b) and declare the in-
formation required under subsection (c), and require that 
such information accompany the entry summary docu-
mentation for such textile or apparel articles. 
(b) INFORMATION REQUIRED.—The President shall 
require the following information to be submitted by any 
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nonresident importer seeking to import textile or apparel 
articles: 
(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 President, any nonresident im-
porter seeking to import textile or apparel articles shall 
declare the following: 
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(1) The nonresident importer has secured a 
bond in connection with the importation of the tex-
tile or apparel articles as required by section 
623(b)(5) of the Tariff Act of 1930 (as added by 
section 201(b) 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) PENALTIES.— 
(1) IN GENERAL.—It shall be unlawful for any 
person to import into the United States textile or 
apparel articles in knowing violation of this section. 
(2) CIVIL
PENALTIES.—Any person who vio-
lates paragraph (1) shall be liable for a civil penalty 
of not more than $50,000 for each such violation. 
(3) OTHER
PENALTIES.—In addition to the 
penalties provided for in paragraph (2), any viola-
tion of this section that violates any other customs 
law of the United States shall be subject to any ap-
plicable civil and criminal penalty, including seizure 
and forfeiture, that may be imposed under such cus-
toms law or title 18, United States Code, with re-
spect to the importation of textile or apparel articles. 
(e) NONRESIDENT IMPORTER DEFINED.—In this 
section, the term ‘‘nonresident importer’’ means— 
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(1) an individual that is not a citizen of the 
United States or an alien lawfully admitted for per-
manent residence in the United States; or 
(2) a partnership, corporation, or other com-
mercial 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. 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. ESTABLISHMENT OF OFFICE OF TEXTILE AND AP-
PAREL TRADE ENFORCEMENT WITHIN THE 
DEPARTMENT OF JUSTICE. 
(a) ESTABLISHMENT.—The Attorney General shall 
establish within the Department of Justice the Office of 
Textile and Apparel Trade Enforcement. 
(b) TIMING.—The Attorney General shall establish 
the Office by not later than the end of the 180-day period 
beginning on the date of the enactment of this Act. 
(c) STAFF.—The Office shall have a director, at least 
three attorneys, and such other staff as may be necessary. 
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(d) FUNCTIONS.—The Office shall be responsible for 
carrying out all functions of the Department of Justice 
relating to relevant enforcement cases. 
(e) VENUE.—Notwithstanding the provisions of chap-
ter 87 of title 28, United States Code, relating to venue, 
a relevant enforcement case may be prosecuted only in the 
United States District Court for the Middle District of 
North Carolina. 
(f) RELEVANT ENFORCEMENT CASES.—In this sec-
tion, a case is a ‘‘relevant enforcement case’’ if the case— 
(1) is referred to the Department of Justice by 
the Department of Homeland Security; and 
(2) relates to the enforcement of laws with re-
spect to the importation of textile or apparel articles. 
Æ 
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