Section 1 Short title
This Act may be cited as the “End China’s De Minimis Abuse Act”.
End China’s De Minimis Abuse Act
A BILL
To amend section 321 of the Tariff Act of 1930 to modify the administrative exemptions under that Act.
Sec. 2 Modification of administrative exemptions under the Tariff Act of 1930
in subsection (a)(2)—
in the matter preceding subparagraph (A), by striking “admit articles” and inserting “subject to subsection (b)(1), admit articles”;
in subparagraph (C)—
by striking “$800” and inserting “subject to subsection (b)(2), $800”; and
by striking the period at the end and inserting “; and”;
in the matter following subparagraph (C), by striking “The privilege” and all that follows through “; and”;
by redesignating subsection (b) as subsection (d); and
by inserting after subsection (a) the following:
“(b)
“(1) The privilege of subparagraph (A), (B), or (C) of subsection (a)(2) shall not be granted in any case in which merchandise covered by a single order or contract is forwarded in separate lots to secure the benefit of such subsection.
“(2) The privilege of subparagraph (C) of subsection (a)(2) shall not be granted with respect to any article that is subject to duties or other import restrictions under any of the following provisions of law:
“(A) Subtitle A or B of title VII of this Act.
“(B) Section 201 of the Trade Act of 1974 (19 U.S.C. 2251).
“(C) Section 301 of the Trade Act of 1974 (19 U.S.C. 2411).
“(D) Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862).
“(3)
“(A) No covered article may receive the privilege of subparagraph (C) of subsection (a)(2) unless the 10-digit classification of the article under the Harmonized Tariff Schedule of the United States is provided to U.S. Customs and Border Protection, pursuant to an authorized electronic data interchange system, as part of the entry filing in accordance with section 498 of this Act, in addition to any other information required by law.
“(B) In this paragraph, the term “covered article” means an article the origin of which is a country with any goods subject to duties or other import restrictions under section 301 of the Trade Act of 1974 (19 U.S.C. 2411).
“(c) Any person who enters, introduces, or attempts to introduce an article in violation of this section is liable for a civil penalty of $5,000 for the first violation; and $10,000 for each subsequent violation. A penalty imposed under this subsection is in addition to any other penalty authorized by law.”
Effective date— The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 30th day after the date of the enactment of this Act.