End China’s De Minimis Abuse Act

Bill: 118-hr-7979
Sponsor: full_name: Rep. Murphy, Gregory F. [R-NC-3]
Introduced: 2024-04-15
Policy area: Foreign Trade and International Finance
Subjects: Asia

China

Tariffs

Trade restrictions
Latest action: action_date: 2024-12-24
text: Placed on the Union Calendar, Calendar No. 797.

Summaries:
action_date: 2024-04-15
action_desc: Introduced in House
text: <p><strong>End China’s De Minimis Abuse Act</strong></p><p>This bill prohibits certain U.S. imports from receiving&nbsp;<em>de minimis</em> treatment and establishes related civil penalties. (Current law allows for imports under a&nbsp;<em>de minimis</em> threshold to enter the United States free of tariffs and taxes with minimal inspection. In 2016, Congress raised this threshold from $200 to $800.)</p><p>The bill prohibits imports from receiving<em> de minimis </em>treatment if those imports are subject to specified trade remedies, including</p><ul><li>antidumping and countervailing duty tariffs (Subtitle A or B of Title VII of the Tariff Act of 1930),</li><li>safeguard measures (Section 201 of the Trade Act of 1974),</li><li>actions in response to unfair trade practices (Section 301 of the Trade Act of 1974), or&nbsp;</li><li>actions for national security purposes (Section 232 of the Trade Expansion Act of 1962).</li></ul><p>The bill requires imports from countries that are subject to trade restrictions under Section 301 of the Trade Act of 1974, in order to receive <em>de minimis</em> treatment, to have a 10-digit classification of the import under the Harmonized Tariff Schedule of the United States (HTS) that is provided to U.S. Customs and Border Protection. (HTS sets out the tariff rates and statistical categories for all U.S. imports.)</p><p>The bill also establishes civil penalties for any person who enters, introduces, or attempts to introduce an import in violation of this bill.</p>

tv_txt: IB Union Calendar No. 797 118th CONGRESS 2d Session H. R. 7979 [Report No. 118–948] IN THE HOUSE OF REPRESENTATIVES April 15, 2024 Mr. Murphy introduced the following bill; which was referred to the Committee on Ways and Means December 24, 2024 Additional sponsors: Mr. Duncan and Mr. Moran December 24, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on April 15, 2024 A BILL To amend section 321 of the Tariff Act of 1930 to modify the administrative exemptions under that Act.

1. Short title This Act may be cited as the End China’s De Minimis Abuse Act . 2. Modification of administrative exemptions under the Tariff Act of 1930 (a) In general Section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ) is amended— (1) in subsection (a)(2)— (A) in the matter preceding subparagraph (A), by striking admit articles and inserting subject to subsection (b)(1), admit articles ; (B) in subparagraph (C)— (i) by striking $800 and inserting subject to subsection (b)(2), $800 ; and (ii) by striking the period at the end and inserting ; and ; (C) in the matter following subparagraph (C), by striking The privilege and all that follows through ; and ; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following: (b) (1) The privilege of subparagraph (A), (B), or (C) of subsection (a)(2) shall not be granted in any case in which merchandise covered by a single order or contract is forwarded in separate lots to secure the benefit of such subsection. (2) The privilege of subparagraph (C) of subsection (a)(2) shall not be granted with respect to any article that is subject to duties or other import restrictions under any of the following provisions of law: (A) Subtitle A or B of title VII of this Act. (B) Section 201 of the Trade Act of 1974 ( 19 U.S.C. 2251 ). (C) Section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ). (D) Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ). (3) (A) No covered article may receive the privilege of subparagraph (C) of subsection (a)(2) unless the 10-digit classification of the article under the Harmonized Tariff Schedule of the United States is provided to U.S. Customs and Border Protection, pursuant to an authorized electronic data interchange system, as part of the entry filing in accordance with section 498 of this Act, in addition to any other information required by law. (B) In this paragraph, the term covered article means an article the origin of which is a country with any goods subject to duties or other import restrictions under section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ). (c) Any person who enters, introduces, or attempts to introduce an article in violation of this section 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 subsection is in addition to any other penalty authorized by law. . (b) Effective date The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 30th day after the date of the enactment of this Act.

December 24, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 2d Session H. R. 7979 IN THE HOUSE OF REPRESENTATIVES April 15, 2024 Mr. Murphy introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend section 321 of the Tariff Act of 1930 to modify the administrative exemptions under that Act.

1. Short title This Act may be cited as the End China’s De Minimis Abuse Act . 2. Modification of administrative exemptions under the Tariff Act of 1930 (a) In general Section 321 of the Tariff Act of 1930 ( 19 U.S.C. 1321 ) is amended— (1) in subsection (a)(2)— (A) in the matter preceding subparagraph (A), by striking admit articles and inserting subject to subsection (b)(1), admit articles ; (B) in subparagraph (C)— (i) by striking $800 and inserting subject to subsection (b)(2), $800 ; and (ii) by striking the period at the end and inserting ; and ; (C) in the matter following subparagraph (C), by striking The privilege and all that follows through ; and ; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following: (b) (1) The privilege of subparagraph (A), (B), or (C) of subsection (a)(2) shall not be granted in any case in which merchandise covered by a single order or contract is forwarded in separate lots to secure the benefit of such subsection. (2) The privilege of subparagraph (C) of subsection (a)(2) shall not be granted with respect to any article that is subject to duties or other import restrictions under any of the following provisions of law: (A) Subtitle A or B of title VII of this Act. (B) Section 201 of the Trade Act of 1974 ( 19 U.S.C. 2251 ). (C) Section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ). (D) Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ). (3) (A) No covered article may receive the privilege of subparagraph (C) of subsection (a)(2) unless the 10-digit classification of the article under the Harmonized Tariff Schedule of the United States is provided to U.S. Customs and Border Protection, pursuant to an authorized electronic data interchange system, as part of the entry filing in accordance with section 498 of this Act, in addition to any other information required by law. (B) In this paragraph, the term covered article means an article the origin of which is a country with any goods subject to duties or other import restrictions under section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ). (c) Any person who enters, introduces, or attempts to introduce an article in violation of this section 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 subsection is in addition to any other penalty authorized by law. . (b) Effective date The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 30th day after the date of the enactment of this Act.