H. R. 3450—142
(2) claims that are unliquidated, under protest, or in litiga-
tion on the date of the enactment of this Act.
SEC. 633. EFFECTIVE DATE OF RATES OF DUTY.
Section 315 (19 U.S.C. 1315) is amended—
(1) by striking out ‘‘appropriate customs officer in the form
and manner prescribed by regulations of the Secretary of the
Treasury,’’ in the first sentence of subsection (a) and inserting
‘‘Customs Service by written, electronic or such other means
as the Secretary by regulation shall prescribe,’’;
(2) by striking out ‘‘customs custody’’ in the first sentence
of subsection (b) and inserting ‘‘custody of the Customs Service’’;
and
(3) by striking out ‘‘paragraph 813’’ in subsection (c) and
inserting ‘‘chapter 98 of the Harmonized Tariff Schedule of
the United States’’.
SEC. 634. DEFINITIONS.
Section 401 (19 U.S.C. 1401) is amended—
(1) by amending subsection (k) to read as follows:
‘‘(k) The term ‘hovering vessel’ means—
‘‘(1) any vessel which is found or kept off the coast of
the United States within or without the customs waters, if,
from the history, conduct, character, or location of the vessel,
it is reasonable to believe that such vessel is being used or
may be used to introduce or promote or facilitate the introduc-
tion or attempted introduction of merchandise into the United
States in violation of the laws of the United States; and
‘‘(2) any vessel which has visited a vessel described in
paragraph (1).’’; and
(2) by inserting at the end thereof the following new sub-
sections:
‘‘(n) The term ‘electronic transmission’ means the transfer of
data or information through an authorized electronic data inter-
change system consisting of, but not limited to, computer modems
and computer networks.
‘‘(o) The term ‘electronic entry’ means the electronic trans-
mission to the Customs Service of—
‘‘(1) entry information required for the entry of merchan-
dise, and
‘‘(2) entry summary information required for the classifica-
tion and appraisement of the merchandise, the verification
of statistical information, and the determination of compliance
with applicable law.
‘‘(p) The term ‘electronic data interchange system’ means any
established mechanism approved by the Commissioner of Customs
through which information can be transferred electronically.
‘‘(q) The term ‘National Customs Automation Program’ means
the program established under section 411.
‘‘(r) The term ‘import activity summary statement’ refers to
data or information transmitted electronically to the Customs Serv-
ice, in accordance with such regulations as the Secretary prescribes,
at the end of a specified period of time which enables the Customs
Service to assess properly the duties, taxes and fees on merchandise
imported during that period, collect accurate statistics and deter-
mine whether any other applicable requirement of law (other than
a requirement relating to release from customs custody) is met.
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H. R. 3450—143
‘‘(s) The term ‘reconciliation’ means an electronic process, initi-
ated at the request of an importer, under which the elements
of an entry, other than those elements related to the admissibility
of the merchandise, that are undetermined at the time of entry
summary are provided to the Customs Service at a later time.
A reconciliation is treated as an entry for purposes of liquidation,
reliquidation, and protest.’’.
SEC. 635. MANIFESTS.
Section 431 (19 U.S.C. 1431) is amended—
(1) by amending subsections (a) and (b) to read as follows:
‘‘(a) IN GENERAL.—Every vessel required to make entry under
section 434 or obtain clearance under section 4197 of the Revised
Statutes of the United States (46 U.S.C. App. 91) shall have a
manifest that complies with the requirements prescribed under
subsection (d).
‘‘(b) PRODUCTION OF MANIFEST.—Any manifest required by the
Customs Service shall be signed, produced, delivered or electroni-
cally transmitted by the master or person in charge of the vessel,
aircraft, or vehicle, or by any other authorized agent of the owner
or operator of the vessel, aircraft, or vehicle in accordance with
the requirements prescribed under subsection (d). A manifest may
be supplemented by bill of lading data supplied by the issuer
of such bill. If any irregularity of omission or commission occurs
in any way in respect to any manifest or bill of lading data,
the owner or operator of the vessel, aircraft or vehicle, or any
party responsible for such irregularity, shall be liable for any fine
or penalty prescribed by law with respect to such irregularity.
The Customs Service may take appropriate action against any
of the parties.’’; and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) REGULATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall by regulation—
‘‘(A) specify the form for, and the information and
data that must be contained in, the manifest required
by subsection (a);
‘‘(B) allow, at the option of the individual producing
the manifest and subject to paragraph (2), letters and
documents shipments to be accounted for by summary
manifesting procedures;
‘‘(C) prescribe the manner of production for, and the
delivery for electronic transmittal of, the manifest required
by subsection (a); and
‘‘(D) prescribe the manner for supplementing manifests
with bill of lading data under subsection (b).
‘‘(2) LETTERS AND DOCUMENTS SHIPMENTS.—For purposes
of paragraph (1)(B)—
‘‘(A) the Customs Service may require with respect
to letters and documents shipments—
‘‘(i) that they be segregated by country of origin,
and
‘‘(ii) additional examination procedures that are
not necessary for individually manifested shipments;
‘‘(B) standard letter envelopes and standard document
packs shall be segregated from larger document shipments
for purposes of customs inspections; and
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H. R. 3450—144
‘‘(C) the term ‘letters and documents’ means—
‘‘(i) data described in General Headnote 4(c) of
the Harmonized Tariff Schedule of the United States,
‘‘(ii) securities and similar evidences of value
described in heading 4907 of such Schedule, but not
monetary instruments defined pursuant to chapter 53
of title 31, United States Code, and
‘‘(iii) personal correspondence, whether on paper,
cards, photographs, tapes, or other media.’’.
SEC. 636. INVOICE CONTENTS.
Section 481 (19 U.S.C. 1481) is amended—
(1) by amending subsection (a)—
(A) by amending the matter preceding paragraph (1)
to read as follows: ‘‘IN GENERAL.—All invoices of merchan-
dise to be imported into the United States and any elec-
tronic equivalent thereof considered acceptable by the Sec-
retary in regulations prescribed under this section shall
set forth, in written, electronic, or such other form as
the Secretary shall prescribe, the following:’’,
(B) by amending paragraph (3) to read as follows:
‘‘(3) A detailed description of the merchandise, including
the commercial name by which each item is known, the grade
or quality, and the marks, numbers, or symbols under which
sold by the seller or manufacturer in the country of exportation,
together with the marks and numbers of the packages in which
the merchandise is packed;’’, and
(C) by amending paragraph (10) to read as follows:
‘‘(10) Any other fact that the Secretary may by regulation
require as being necessary to a proper appraisement, examina-
tion and classification of the merchandise.’’;
(2) by amending subsection (c) to read as follows:
‘‘(c) IMPORTER PROVISION OF INFORMATION.—Any information
required to be set forth on an invoice may alternatively be provided
by any of the parties qualifying as an ‘importer of record’ under
section 484(a)(2)(B) by such means, in such form or manner, and
within such time as the Secretary shall by regulation prescribe.’’;
and
(3) by inserting before the period at the end of subsection
(d) the following: ‘‘and may allow for the submission or elec-
tronic transmission of partial invoices, electronic equivalents
of invoices, bills, or other documents or parts thereof, required
under this section’’.
SEC. 637. ENTRY OF MERCHANDISE.
(a) AMENDMENTS
TO SECTION 484.—Section 484 (19 U.S.C.
1484) is amended to read as follows:
‘‘SEC. 484. ENTRY OF MERCHANDISE.
‘‘(a) REQUIREMENT AND TIME.—
‘‘(1) Except as provided in sections 490, 498, 552, 553,
and 336(j), one of the parties qualifying as ‘importer of record’
under paragraph (2)(B), either in person or by an agent author-
ized by the party in writing, shall, using reasonable care—
‘‘(A) make entry therefor by filing with the Customs
Service—
‘‘(i) such documentation or, pursuant to an elec-
tronic data interchange system, such information as
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H. R. 3450—145
is necessary to enable the Customs Service to deter-
mine whether the merchandise may be released from
customs custody, and
‘‘(ii) notification whether an import activity sum-
mary statement will be filed; and
‘‘(B) complete the entry by filing with the Customs
Service the declared value, classification and rate of duty
applicable to the merchandise, and such other documenta-
tion or, pursuant to an electronic data interchange system,
such other information as is necessary to enable the Cus-
toms Service to—
‘‘(i) properly assess duties on the merchandise,
‘‘(ii) collect accurate statistics with respect to the
merchandise, and
‘‘(iii) determine whether any other applicable
requirement of law (other than a requirement relating
to release from customs custody) is met.
‘‘(2)(A) The documentation or information required under
paragraph (1) with respect to any imported merchandise shall
be filed or transmitted in such manner and within such time
periods as the Secretary shall by regulation prescribe. Such
regulations shall provide for the filing of import activity sum-
mary statements, covering entries or warehouse withdrawals
made during a calendar month, within such time period as
is prescribed in regulations but not to exceed the 20th day
following such calendar month.
‘‘(B) When an entry of merchandise is made under this
section, the required documentation or information shall be
filed or electronically transmitted either by the owner or pur-
chaser of the merchandise or, when appropriately designated
by the owner, purchaser, or consignee of the merchandise,
a person holding a valid license under section 641. When a
consignee declares on entry that he is the owner or purchaser
of merchandise the Customs Service may, without liability,
accept the declaration. For the purposes of this Act, the
importer of record must be one of the parties who is eligible
to file the documentation or information required by this sec-
tion.
‘‘(C) The Secretary, in prescribing regulations to carry out
this subsection, shall establish procedures which insure the
accuracy and timeliness of import statistics, particularly statis-
tics relevant to the classification and valuation of imports.
Corrections of errors in such statistical data shall be transmit-
ted immediately to the Director of the Bureau of the Census,
who shall make corrections in the statistics maintained by
the Bureau. The Secretary shall also provide, to the maximum
extent practicable, for the protection of the revenue, the enforce-
ment of laws governing the importation and exportation of
merchandise, the facilitation of the commerce of the United
States, and the equal treatment of all importers of record
of imported merchandise.
‘‘(b) RECONCILIATION.—
‘‘(1) IN
GENERAL.—A party that electronically transmits
an entry summary or import activity summary statement may
at the time of filing such summary or statement notify the
Customs Service of his intention to file a reconciliation pursuant
to such regulations as the Secretary may prescribe. Such rec-
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