§4318 — Title 19 Customs Duties | U.S. Code

Summary

The National Targeting Center must work with the Office of Trade to create ways to measure the risk that cargo headed to the United States could break U.S. customs and trade laws, especially for the priority trade issues in section 4322. It must also set rules for when to send Trade Alerts. When allowed by law, the Center must use public information, data from systems such as the Automated Commercial System, Automated Commercial Environment, Automated Targeting System, Automated Export System, International Trade Data System, TECS, ICE case management, and any successor systems, and information given to the Center including from private companies. The Center must accept reports from private parties about possible violations related to the section 4322 priority issues, send those reports to the right Customs and Border Protection offices, and notify the reporting party in a timely way if any civil or criminal action results. Using those risk methods, the Executive Director of the National Targeting Center may issue Trade Alerts to port directors to require extra inspection, physical examination, or testing of particular goods to check compliance with customs laws and CBP rules. A port director may decline a Trade Alert for port security reasons, but must notify the Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection within 48 hours with the reason. The Assistant Commissioner must each year compile all such declinations, evaluate how Trade Alerts were used, and send a summary to the appropriate congressional committees by December 31. "Inspection" means the broad CBP review (not including physical exam or testing) used to clear goods, check duties, spot banned or restricted items, and ensure compliance.

Title 19, §4318

Customs Duties — Source: USLM XML via OLRC

(a)In carrying out its duties under section 211(g)(4) of title 6, the National Targeting Center, in coordination with the Office of Trade established under section 2084 of this title, as appropriate, shall—

(1)establish targeted risk assessment methodologies and standards—

(A)for evaluating the risk that cargo destined for the United States may violate the customs and trade laws of the United States, particularly those laws applicable to merchandise subject to the priority trade issues described in section 4322 of this title; and

(B)for issuing, as appropriate, Trade Alerts described in subsection (b);

(2)to the extent practicable and otherwise authorized by law, use, to administer the methodologies and standards established under paragraph (1)—

(A)publicly available information;

(B)information available from the Automated Commercial System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the International Trade Data System established under section 1411(d) of this title, the TECS (formerly known as the “Treasury Enforcement Communications System”), the case management system of U.S. Immigration and Customs Enforcement, and any successor systems; and

(C)information made available to the National Targeting Center, including information provided by private sector entities;

(3)provide for the receipt and transmission to the appropriate U.S. Customs and Border Protection offices of allegations from interested parties in the private sector of violations of customs and trade laws of the United States with respect to merchandise relating to the priority trade issues described in section 4322 of this title; and

(4)notify, on a timely basis, each interested party in the private sector that has submitted an allegation of any violation of the customs and trade laws of the United States of any civil or criminal actions taken by U.S. Customs and Border Protection or any other Federal agency resulting from the allegation.

(b)(1)In carrying out its duties under section 211(g)(4) of title 6 and based upon the application of the targeted risk assessment methodologies and standards established under subsection (a), the Executive Director of the National Targeting Center may issue Trade Alerts to directors of United States ports of entry directing further inspection, or physical examination or testing, of specific merchandise to ensure compliance with all applicable customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection.

(2)The director of a United States port of entry may determine not to conduct further inspections, or physical examination or testing, pursuant to a Trade Alert issued under paragraph (1) if the director—

(A)finds that such a determination is justified by port security interests; and

(B)not later than 48 hours after making the determination, notifies the Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection of the determination and the reasons for the determination.

(3)The Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection shall—

(A)compile an annual summary of all determinations by directors of United States ports of entry under paragraph (2) and the reasons for those determinations;

(B)conduct an evaluation of the utilization of Trade Alerts issued under paragraph (1); and

(C)not later than December 31 of each calendar year, submit the summary to the appropriate congressional committees.

(4)In this subsection, the term “inspection” means the comprehensive evaluation process used by U.S. Customs and Border Protection, other than physical examination or testing, to permit the entry of merchandise into the United States, or the clearance of merchandise for transportation in bond through the United States, for purposes of—

(A)assessing duties;

(B)identifying restricted or prohibited items; and

(C)ensuring compliance with all applicable customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection.

Editorial Notes

Codification Section is comprised of section 111 of Pub. L. 114–125. Subsec. (c) of section 111 of Pub. L. 114–125 amended section 1415 of this title.

§4318 Commercial risk assessment targeting and trade alerts

Summary

Title 19, §4318

Notes & Related Subsidiaries

Editorial Notes

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