Title II — Entry verification provisions

Publication of names of certain violators— Section 592A(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1592a(a)(1)) is amended—

List of high-Risk countries— Section 592A(b)(1) of the Tariff Act of 1930 (19 U.S.C. 1592a(b)(1)) is amended, in the first sentence—

Establishment— Not later than 180 days after the date of the enactment of this Act, the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, shall establish an electronic verification system for tracking textile or apparel articles imported or exported under the Dominican Republic-Central America-United States Free Trade Agreement, signed at Washington August 5, 2004, the North American Free Trade Agreement, signed at Washington, Ottawa, and Mexico City December 8, 11, 14 and 17, 1992, or any other free trade agreement to which the United States is a party, to ensure compliance with the respective requirements of such agreements.

Implementation— The President shall seek to enter into consultations and agreements, as appropriate, with the government of each foreign country that is a party to an agreement described in subsection (a) for purposes of implementing the electronic verification system established under that subsection.

Confidentiality— The electronic verification system established under subsection (a) shall ensure that proprietary information, such as information about supply chain participants, is coded so that only personnel of U.S. Customs and Border Protection and the Office of Textiles and Apparel can access the information.

Sense of Congress— It is the sense of Congress that the President should seek to make the integration of the electronic verification system established under subsection (a) in future free trade agreements a priority in negotiations for such agreements.

In general— Not later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a new importer program under which U.S. Customs and Border Protection adjusts bond amounts for new importers of textile and apparel articles based on the level of risk with respect to protection of the revenue of the Federal Government presented by each new importer.

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

Bonding authority— Section 623(b) of the Tariff Act of 1930 (19 U.S.C. 1623(b)) is amended by adding at the end the following new paragraph:

Other penalties— In addition to the penalties specified in paragraph (5) of section 623(b) of the Tariff Act of 1930 (19 U.S.C. 1623(b)), as added by subsection (c), for a violation of such paragraph, any person who violates any other customs or trade law of the United States with respect to the importation of textile or apparel articles shall be subject to any applicable civil or criminal penalty, including seizure and forfeiture that may be imposed under such customs or trade law, including section 592 of the Tariff Act of 1930 (19 U.S.C. 1592).

Information required— The Commissioner shall require the following information to be submitted by any nonresident importer seeking to import textile or apparel articles:

Declarations required— Pursuant to procedures prescribed by the Commissioner, any nonresident importer seeking to import textile or apparel articles shall declare the following:

Authority— A resident agent identified under subsection (b)(1) by a nonresident importer shall accept service of process on behalf of the nonresident importer for the purpose of duties, penalties, or other fines issued by the Secretary of Homeland Security or the Commissioner if the Secretary or the Commissioner is unable to collect duties, penalties, or other fines from such nonresident importer.