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

Summary

Within 180 days after February 24, 2016, the Commissioner must create a program that tells U.S. Customs and Border Protection (CBP) to change importer bond amounts based on CBP risk checks. The program must cover new importers and nonresident importers and must include risk guidelines to decide when to raise bonds or increase screening. CBP must also make procedures for extra oversight of new importers tied to priority trade issues (see section 4322), procedures for oversight by the Centers of Excellence and Expertise (see section 4317), and a central database to check new importers’ information. The rule does not apply to validated Tier 2 or Tier 3 members of the Customs–Trade Partnership Against Terrorism (C-TPAT). The Treasury Inspector General must report to the Senate Committee on Finance and the House Committee on Ways and Means within 2 years after February 24, 2016, with the risk guidelines, the oversight procedures, and the number of bonds changed. Definitions: Importer — a party that qualifies as an importer of record under section 1484(a)(2)(B). Nonresident importer — an importer who is either a non‑U.S. citizen or permanent resident, or a business not formed 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