Detection and Exclusion of Negligent, Illicit, and Extralegal Deliveries Act

“(c) Prohibition of exemption for certain entities

“(1) In general—The Commissioner of U.S. Customs and Border Protection may not admit an article free of duty or tax under subsection (a)(2)(C) if a covered entity is listed on the manifest or shipper declaration of the shipment of the article.

“(2) Publication requirement—Not later than 270 days after the date of the enactment of the Detection and Exclusion of Negligent, Illicit, and Extralegal Deliveries Act, and every 90 days thereafter, the Secretary shall publish a list of covered entities, which shall include, for each such entity, a description of the violations of law that justify inclusion on the list.

“(3) Removal from list

“(A) In general—The Commissioner of U.S. Customs and Border Protection shall develop regulations establishing procedures under which a covered entity included on the list required by paragraph (2) may petition for removal from that list.

“(B) Requirement—Under the regulations established under subparagraph (A), a covered entity may request removal from the list required by paragraph (2) by filing a petition pursuant to subparagraph (C) in which the entity demonstrates that it is no longer engaging in the violations of law that justify inclusion on the list.

“(C) Procedure

“(i) Administrative review—Not earlier than one year after the date on which a covered entity is included on the list required by paragraph (2), the covered entity may file with the Commissioner of U.S. Customs and Border Protection a petition described in subparagraph (B).

“(ii) Judicial review—If the Commissioner denies the petition filed under clause (i), the covered entity may seek judicial review in the United States Court of International Trade.

“(D) Effect of removal—Upon removal of a covered entity under subparagraph (A) from the list required by paragraph (2), that covered entity is no longer subject to the prohibition under subsection (a)(2)(C).

“(4) Referral to the Forced Labor Enforcement Task Force—The Commissioner of U.S. Customs and Border Protection shall refer any covered entity included on the list required by paragraph (2) for activity described in paragraph (6)(C)(ii)(I) to the Forced Labor Enforcement Task Force for possible inclusion on a list maintained under clause (i), (ii), (iv), or (v) of section 2(d)(2)(B) of the Act entitled “An Act to ensure that goods made with forced labor in the Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes”, approved December 23, 2021 (Public Law 117–78; 22 U.S.C. 6901 note) (commonly referred to as the “Uyghur Forced Labor Prevention Act”).

“(5) Penalties

“(A) Civil penalty—Any person that violates this subsection or the regulations prescribed under this subsection is liable for a civil penalty in an amount not to exceed—

“(i) $1,000 for the first violation; and

“(ii) $5,000 for each subsequent violation.

“(B) Additional penalties—A penalty imposed under this paragraph shall be in addition to any other penalty provided by law.

“(6) Covered entity defined

“(A) In general—In this section, the term covered entity means an entity that—

“(i) is listed on the manifest or shipper declaration of a shipment to a common carrier, foreign postal operator, or freight forwarder for exportation to the United States to be entered under subsection (a)(2)(C); and

“(ii) has been assessed a penalty described in subparagraph (B) on more than 2 occasions in a one-year period.

“(B) Penalty described

“(i) In general—A penalty is described in this subparagraph if the penalty is assessed under any of the following and relates to an article described in clause (ii):

“(I) section 592(c)(1);

“(II) section 592(c)(2);

“(III) section 596(b); or

“(IV) section 526(f).

“(ii) Articles described—An article is described in this clause if the article—

“(I) is produced with forced labor (as defined in section 307);

“(II) bears a counterfeit mark (within the meaning of section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly known as the “Trademark Act of 1946” or the “Lanham Act”) (15 U.S.C. 1127)); or

“(III) is a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that is not imported in accordance with applicable law.

“(d) Determination of application of exemption

“(1) In general—The Commissioner of U.S. Customs and Border Protection shall determine whether a shipment is eligible to be entered under subsection (a)(2)(C) based on information provided by the shipper during the entry process.

“(2) Technology—The Commissioner may identify, test, obtain, and deploy any technology necessary to carry out paragraph (1).”