§4321 — Title 19 Customs Duties | U.S. Code

Summary

Create a program that tells U.S. Customs and Border Protection (CBP) to change bond amounts for importers, including new and nonresident importers, based on CBP risk checks so federal revenue is protected. The program must be in place no later than 180 days after February 24, 2016. CBP must make risk-guidelines to decide if and how to raise bond amounts and increase screening. CBP must also make procedures for extra oversight of imported goods from new importers (including enforcement of the priority trade issues in section 4322), set up extra oversight by the Centers of Excellence and Expertise (section 4317), and create a central database of new importers so the information they give CBP is accurate. The rule does not apply to importers who are validated Tier 2 or Tier 3 members of the Customs–Trade Partnership Against Terrorism (C‑TPAT). The Treasury Inspector General must send a report to the Senate Finance Committee and the House Ways and Means Committee no later than 2 years after February 24, 2016. The report must describe the risk guidelines, the oversight procedures (including for priority trade issues and Centers of Excellence and Expertise), and the number of bonds that were changed. Definitions: "importer" means the party treated as importer of record under section 1484(a)(2)(B); "nonresident importer" means either an individual who is not a U.S. citizen or lawful permanent resident, or a business not organized under U.S. or Virgin Islands law.

Title 19, §4321

Customs Duties — Source: USLM XML via OLRC

(a)Not later than the date that is 180 days after February 24, 2016, the Commissioner shall establish a program that directs U.S. Customs and Border Protection to adjust bond amounts for importers, including new importers and nonresident importers, based on risk assessments of such importers conducted by U.S. Customs and Border Protection, in order to protect the revenue of the Federal Government.

(b)The Commissioner shall ensure that, as part of the program established under subsection (a), U.S. Customs and Border Protection—

(1)develops risk assessment guidelines for importers, including new importers and nonresident importers, to determine if and to what extent—

(A)to adjust bond amounts of imported products of such importers; and

(B)to increase screening of imported products of such importers;

(2)develops procedures to ensure increased oversight of imported products of new importers, including nonresident importers, relating to the enforcement of the priority trade issues described in section 4322 of this title;

(3)develops procedures to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under section 4317 of this title; and

(4)establishes a centralized database of new importers, including new nonresident importers, to ensure accuracy of information that is required to be provided by such importers to U.S. Customs and Border Protection.

(c)This section shall not apply to an importer that is a validated Tier 2 or Tier 3 participant in the Customs–Trade Partnership Against Terrorism program established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.).

(d)Not later than the date that is 2 years after February 24, 2016, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report detailing—

(1)the risk assessment guidelines developed under subsection (b)(1);

(2)the procedures developed under subsection (b)(2) to ensure increased oversight of imported products of new importers, including new nonresident importers, relating to the enforcement of priority trade issues described in section 4322 of this title;

(3)the procedures developed under subsection (b)(3) to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under section 4317 of this title; and

(4)the number of bonds adjusted based on the risk assessment guidelines developed under subsection (b)(1).

(e)In this section:

(1)The term “importer” means one of the parties qualifying as an importer of record under section 1484(a)(2)(B) of this title.

(2)The term “nonresident importer” means an importer who is—

(A)an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or

(B)a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified generally to part B (§ 961 et seq.) of subchapter II of chapter 3 of Title 6, Domestic Security. For complete classification of this Act to the Code, see

Short Title

note set out under section 901 of Title 6 and Tables. The Harmonized Tariff Schedule of the United States, referred to in subsec. (e)(2)(B), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

§4321 Establishment of importer risk assessment program