“To amend the Tariff Act of 1930 to impose additional requirements with respect to importers of record, and for other purposes.”
No CRS summary available for this bill.
This section requires the importer of record—responsible for filing entry documentation, paying duties, and ensuring customs compliance under 19 U.S.C. 1484—to be (1) a U.S. citizen or alien lawfully admitted for permanent residence (for individuals) or (2) a qualifying entity with a physical U.S. location and at least one U.S. citizen or permanent resident owner or full-time employee; organized under the laws of Canada, Australia, or a "covered country" (i.e., one with substantially equivalent importer requirements and equal access for U.S. persons); or an affiliate of a U.S. entity in continuous operation for at least three years with at least 1,500 full-time U.S. employees, at least $1 million in annual U.S. gross receipts or assets, and a certification for joint liability (effective one year after enactment). It further (1) prohibits individuals from serving as importer of record for more than one entity (except certain customs brokers), (2) requires foreign entities with a qualifying U.S. subsidiary to use the subsidiary or another qualifying entity, and (3) defines terms including "affiliate," "control," "full-time employee," and "physical location" (excluding mailboxes, shared spaces without permanent occupancy, or broker addresses). This section also directs U.S. Customs and Border Protection to prescribe regulations within 360 days of enactment on verification processes (without relying on brokers or sureties) and related penalties.
This section amends Section 484(a) of the Tariff Act of 1930 (19 U.S.C. 1484(a)) to require the importer of record to pay duties, taxes, and fees on entered merchandise directly to U.S. Customs and Border Protection (CBP) via electronic funds transfer from a deposit account at a depository institution (i.e., bank or savings association per 12 U.S.C. 1813) chartered or authorized to do business in the United States. The account must be held in the importer of record's legal name (or, for entity importers, a U.S.-organized wholly- or majority-owned affiliate verified by CBP) and verified by the institution under anti-money-laundering customer identification rules (31 C.F.R. § 1020.220); importers must submit account details and an institutional attestation to CBP before first use, and institutions must confirm holder identity to CBP upon request. CBP may not accept such payments from unauthorized persons (except importer sureties or customs brokers), non-electronic transfers, or unverified accounts. The amendments apply to merchandise entered one year after enactment.
This section requires the Commissioner of U.S. Customs and Border Protection to ensure that importers of record using continuous import bonds maintain such a bond of at least $100,000 in the importer's name for merchandise entry purposes (except as provided in subsections (c) and (d)). The requirement applies to (1) new bonds issued 60 days after enactment, (2) renewed bonds 360 days after enactment, and (3) existing bonds the Commissioner deems insufficient to protect revenue and ensure compliance 60 days after enactment. This section further specifies that customs brokers licensed under 19 U.S.C. 1641 may prepare and file entry documentation but may not use their own bond unless acting as importer of record. It also permits qualifying express consignment operators or carriers (i.e., entities handling expedited international shipments, per 19 C.F.R. §128.1) to designate a wholly owned licensed customs broker as importer of record and use that broker's bond. To qualify, the operator or carrier must be organized under U.S. laws, maintain significant U.S. physical presence for cargo operations, employ at least 300,000 persons in the U.S., and designate only wholly owned brokers. The Commissioner may issue regulations to implement these provisions, including compliance procedures.