I 117th CONGRESS 2d Session H. R. 6412 IN THE HOUSE OF REPRESENTATIVES January 18, 2022 Mr. Blumenauer introduced the following bill; which was referred to the Committee on Ways and Means A BILL To exclude products from non-market economy countries and products that are subject to certain enforcement actions from the privilege of de minimis treatment under the Tariff Act of 1930, and for other purposes.

1. Short title This Act may be cited as the Import Security and Fairness Act . 2. Additional exceptions to exemptions for de minimis treatment under the Tariff Act of 1930 Section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking (a) The Secretary and inserting (a) In general .—The Secretary ; (B) in paragraph (2)(C), by striking $800 and inserting except as provided in subsection (b)(1), $800 ; and (C) in the matter following such paragraph (2)(C), as so amended— (i) by striking subdivision (2) each place it appears and inserting paragraph ; and (ii) by inserting after lots the following: or is forwarded through a distribution or processing facility located in a foreign country ; (2) by striking (b) The Secretary and inserting the following: (b) Exceptions (1) In general The following articles may not be admitted free of duty or tax under the authority provided by subsection (a)(2)(C): (A) An article the country of origin of which— (i) is a nonmarket economy country (as such term is defined in section 771(18)); and (ii) is a country included in the priority watch list (as such term is defined in section 182(g)(3) of the Trade Act of 1974 ( 19 U.S.C. 2242(g)(3) )). (B) An article that is subject to an action authorized under section 301(c) of the Trade Act of 1974 ( 19 U.S.C. 2411(c) ) or section 232(c) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862(c) ). (2) Other exceptions The Secretary ; and (3) by adding at the end the following: (c) Definition In subsection (a)(2), the term distribution or processing facility means a facility used primarily for the storage of articles that are intended for subsequent shipment. . 3. Additional administrative provisions relating to de minimis treatment under the Tariff Act of 1930 (a) Administrative exemptions Section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ), as amended by section 2, is further amended by adding at the end the following: (c) Submission of documentation and information (1) In general For any articles that may qualify for an administrative exemption pursuant to subsection (a)(2), the Secretary of the Treasury is authorized to prescribe regulations to authorize or require the submission, transmission, or otherwise making available of such documentation or information to U.S. Customs and Border Protection as the Secretary determines is reasonably necessary for U.S. Customs and Border Protection to determine the eligibility of such articles to qualify for such exemption. (2) Matters to be included The regulations prescribed pursuant to paragraph (1) may provide that such documentation or information include documentation or information regarding the offer for sale or purchase, or the subsequent sale, purchase, transportation, importation or warehousing of such articles, including such documentation or information relating to the offering of such articles for sale or purchase in the United States through a commercial or marketing platform, including an electronic commercial or marketing platform. (3) Veracity of documentation and information (A) In general The regulations prescribed pursuant to paragraph (1) shall provide that— (i) such documentation or information is true and correct to the best of the knowledge and belief of the party submitting, transmitting, or otherwise making available such documentation or information, subject to any penalties authorized by law; or (ii) if such party is not able to reasonably verify whether such documentation or information is true and correct to the best of the knowledge and belief of the party, such documentation or information may be submitted, transmitted, or otherwise made available on the basis of what the party reasonably believes to be true and correct. (B) Use for any lawful purpose Such documentation or information may be used by U.S. Customs and Border Protection for any lawful purpose. (4) Civil penalties Any person who violates the regulations prescribed pursuant to paragraph (1) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation. A penalty imposed under this paragraph is in addition to any other penalty provided by law. (d) Importations involving suspended or debarred persons The Secretary of the Treasury is authorized to prescribe regulations to authorize exceptions to any administrative exemption pursuant to subsection (a) for any articles the importation of which is caused or otherwise facilitated by any person suspended or debarred from doing business with the Federal Government at the time of the importation. . (b) Examination of merchandise Section 499(c) of the Tariff Act of 1930 ( 19 U.S.C. 1499(c) ) is amended— (1) by striking the Customs Service each place it appears and inserting U.S. Customs and Border Protection ; and (2) in paragraph (2)— (A) in the first sentence, by striking The Customs Service and inserting the following: (A) In general U.S. Customs and Border Protection ; (B) in the second sentence— (i) by striking The and inserting the following: (B) Information to be included The ; and (ii) by redesignating the subsequent subparagraphs (A), (B), (C), (D), and (E) as clauses (i), (ii), (iii), (iv), and (v), respectively, and moving the margins of such clauses, as redesignated, 2 ems to the right; and (C) by adding at the end the following: (C) Additional requirements relating to merchandise that may qualify for certain administrative exemptions (i) In general In the case of detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C), U.S. Customs and Border Protection shall issue such notice to each party that U.S. Customs and Border Protections determines may have an interest in the detained merchandise, based on information reasonably available to U.S. Customs and Border Protection, in such form and manner as the Secretary of the Treasury shall by regulation prescribe. (ii) Voluntary abandonment of merchandise In the case of detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C), such notice shall also advise each such interested party that, in lieu of supplying information to U.S. Customs and Border Protection in accordance with subparagraph (B)(v), the interested parties may voluntarily abandon the detained merchandise. (iii) Abandonment due to lack of response If U.S. Customs and Border Protection does not receive a response from each interested party in detained merchandise that may qualify for an administrative exemption pursuant to section 321(a)(2)(C) within 15 days of the date on which such notice is issued to the interested parties, the merchandise shall be deemed to be abandoned and title to such merchandise shall be vested in the United States and disposed of in accordance with law. . 4. Effective date The amendments made by this Act shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.